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International Tribunals & Special Courts

The Special Court for Sierra Leone: Challenging the Tradition of Impunity for Gender-Based Crimes?

Citation:

Damgaard, Ciara. 2004. “The Special Court for Sierra Leone: Challenging the Tradition of Impunity for Gender-Based Crimes?” Nordic Journal of International Law 73 (4): 485–503.

Author: Ciara Damgaard

Abstract:

The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court’s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes.

Topics: Armed Conflict, Civil Wars, Gender, Women, Girls, Gender-Based Violence, Justice, Impunity, International Tribunals & Special Courts, Sexual Violence, SV against women Regions: Africa, West Africa Countries: Sierra Leone

Year: 2004

Gendered Peace: Women’s Struggles for Post-War Justice and Reconciliation

Citation:

Pankhurst, Donna. 2007. Gendered Peace: Women’s Struggles for Post-War Justice and Reconciliation. Oxon: Routledge.

Author: Donna Pankhurst

Abstract:

This volume contributes to the growing literature on women, conflict and peacebuilding by focusing on the moments after a peace accord, or some other official ending of a conflict, often denoted as ‘post-conflict’ or ‘post-war’. Such moments often herald great hope for holding to account those who committed grave wrongs during the conflict, and for a better life in the future. For many women, both of these hopes are often very quickly shattered in starkly different ways to the hopes of men. Such periods are often characterized by violence and insecurities, and the official ending of a war often fails to bring freedom from sexual violence for many women. Within such a context, efforts on the part of women, and those made on their behalf, to hold to account those who commit crimes against them, and to access their rights are difficult to make, are often dangerous, and are also often deployed with little effect. Gendered Peace explores international contexts, and a variety of local ones, in which such struggles take place, and evaluates their progress. The volume highlights the surprising success in the development of international legal advances for women, but contrasts this with the actual experience of women in cases from Sierra Leone, Rwanda, South Africa, Afghanistan, Bangladesh, East Timor, Peru, Central America and the Balkans. (Amazon)

Topics: Gender, Women, Gendered Power Relations, International Law, Justice, International Tribunals & Special Courts, TRCs, War Crimes, Peacebuilding, Peace Processes, Post-Conflict, Post-Conflict Reconstruction, Sexual Violence

Year: 2007

The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Citation:

Campbell, Kirsten. 2007. “The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia.” International Journal of Transitional Justice 1 (3): 411–32. doi:10.1093/ijtj/ijm033.

Author: Kirsten Campbell

Abstract:

Recent efforts to develop and implement progressive models of transitional justice have been significantly influenced by major developments in the law concerning sexual violence in armed conflict. In particular, the International Criminal Tribunal for the former Yugoslavia has pioneered accountability for sexual violence against women in armed conflict. This article takes the ICTY as a case study of how gender can structure the accountability mechanisms of transitional justice. The article analyses how legal norms and practices instantiate and reiterate, rather than transform, existing hierarchical gender relations. It considers the existing models of sexual violence as a criminal harm under international law, and then examines gendered patterns of legal practice in ICTY prosecutions. To address this engendering of transitional justice, the article produces a new model of the harm of sexual violence in conflict, suggests the development of a new international offence of sexual violence and generates different strategies for international prosecutions of sexual violence.

Topics: Gender, Justice, International Tribunals & Special Courts, Transitional Justice, Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2007

Rape and Forced Pregnancy under the ICC Statute: Human Dignity, Autonomy, and Consent

Citation:

Boon, Kristen. 2001. “Rape and Forced Pregnancy under the ICC Statute: Human Dignity, Autonomy, and Consent.” Columbia Human Rights Law Review 32: 625-75.

Author: Kristen Boon

Abstract:

This article discusses the impact on international criminal law of the International Criminal Court Statute's provisions on rape and forced pregnancy. The author notes that prior to the Statute, rape and forced pregnancy were considered crimes that violated honour; post-Statute, these crimes are framed in light of the harm done to the victim's bodily integrity and infringement of their agency. The author argues that "this structure signals a new paradigm for the international criminalization of sexual crimes - one based on broader principles of human dignity, autonomy, and consent". The author analyzes the Statute provisions and examines the debates surrounding the inclusion and definitions of rape and forced pregnancy. She ends with a discussion on the new legal framework for sexual crimes. (University of Toronto Law School)

Topics: Gender, Women, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Male Perpetrators, Rape, SV against women

Year: 2001

Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused

Citation:

Beltz, Amanda. 2008. “Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused.” Journal of Civil Rights and Economic Development 23 (1): 167–209.

Author: Amanda Beltz

Topics: Gender, Gender-Based Violence, Justice, International Tribunals & Special Courts, Sexual Violence, Rape

Year: 2008

Ending Impunity for Gender Crimes under the International Criminal Court

Citation:

Bedont, Barbara, and Katherine Hall-Martinez. 1999. “Ending Impunity for Gender Crimes under the International Criminal Court.” Brown Journal of World Affairs 6 (1): 65–85.

Authors: Barbara Bedont, Katherine Hall-Martinez

Topics: Gender, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts

Year: 1999

Gender Crimes Jurisprudence in the ICTR: Positive Developments

Citation:

Askin, Kelly Dawn. 2005. “Gender Crimes Jurisprudence in the ICTR: Positive Developments.” Journal of International Criminal Justice 3 (4): 1007–18.

Author: Kelly D. Askin

Abstract:

Considering the magnitude of rape and other sexual crimes perpetrated during the Rwandan genocide, gender crimes prosecutions at the International Criminal Tribunal for Rwanda (ICTR) have been inadequate so far. Nonetheless, the ICTR case law must be commended for the impulse given, with and after Akayesu, to the criminalization and punishment of gender-related violence. This paper points to the achievements of the ICTR case law in this respect.

Topics: Gender, Gender-Based Violence, Genocide, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2005

Commentary: The International War Crimes Trial of Anto Furundžija: Major Progress Toward Ending the Cycle of Impunity for Rape Crimes

Citation:

Ashkin, Kelly D. 1999. “Commentary: The International War Crimes Trial of Anto Furundžija: Major Progress Toward Ending the Cycle of Impunity for Rape Crimes.” Leiden Journal of International Law 12 (4): 935–55. doi:10.1017/S0922156599000485.

Author: Kelly D. Ashkin

Abstract:

This article reviews and analyzes the Furundžija Judgment rendered by the International Criminal Tribunal for the former Yugoslavia, the first international war crimes trial in history to focus virtually exclusively on rape. The judgment addresses what acts constitute rape, whether a non-physical perpetrator can be held individually criminally responsible for rape, and whether rape can constitute torture; it also broadens the purview of Common Article 3 crimes and considers acts which may constitute outrages upon personal dignity. This article discusses how these issues impact upon both international humanitarian law generally and gender jurisprudence specifically.

Topics: Gender, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1999

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