War Crimes

Sex in Peace Operations

Citation:

Simm, Gabrielle. 2015. Sex in Peace Operations. Cambridge: Cambridge University Press.

Author: Gabrielle Simm

Annotation:

Summary: 
Gabrielle Simm's critical re-evaluation of sex between international personnel and local people examines the zero tolerance policy on sexual exploitation and abuse and its international legal framework. Whereas most preceding studies of the issue have focused exclusively on military peacekeepers, Sex in Peace Operations also covers the private military contractors and humanitarian NGO workers who play increasingly important roles in peace operations. Informed by socio-legal studies, Simm uses three case studies (Bosnia, West Africa and the Democratic Republic of the Congo) to illustrate the extent of the problem and demonstrate that the problems of impunity for sexual crimes are not just a failure of political will but the result of the structural weaknesses of international law in addressing non-state actors. Combining the insights of feminist critique with a regulatory approach to international law, her conclusions will interest scholars of international law, peace and conflict studies, gender and sexuality, and development.(Summary from Cambridge University Press)

Topics: International Law, International Human Rights, International Organizations, Justice, War Crimes, Military Forces & Armed Groups, Private Military & Security, NGOs, Peacekeeping, Rights, Human Rights, Women's Rights, Sexual Violence, Sexual Exploitation and Abuse, SV against Women Regions: Africa, Central Africa, West Africa, Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Democratic Republic of the Congo

Year: 2015

Sexual Violence against Child Soldiers

Citation:

Grey, Rosemary. 2014. “Sexual Violence against Child Soldiers.” International Feminist Journal of Politics 16 (4): 601–21. doi:10.1080/14616742.2014.955964.

Author: Rosemary Grey

Abstract:

In addition to participating in hostilities, girl soldiers are often raped, sexually enslaved and used as “bush wives” by their commanders and fellow soldiers. As this issue of sexual violence against girl soldiers has become increasingly visible in recent cases before the International Criminal Court (ICC) and Special Court for Sierra Leone (SCSL), attempts have been made to prosecute this conduct within the established framework of international criminal law. Most recently, this issue has been addressed in the case of The Prosecutor v Bosco Ntaganda, one of the six cases that have come before the ICC from the situation in the Democratic Republic of Congo. On 9 June 2014, the Pre-Trial Chamber confirmed the charges in the Ntaganda case, and found that the rape and sexual slavery of girl soldiers in Ntaganda's armed group by other members of that group could constitute war crimes under Article 8(2)(e)(vi) of the Rome Statute. This article considers what the Ntaganda decision adds to the jurisprudence on sexual violence against child soldiers, and what it demonstrates about the limits of the law.

Keywords: sexual violence, child soldiers, war crimes, international criminal court, Ntaganda case

Topics: Child Soldiers, Female Combatants, Gender, Women, International Criminal Law, International Organizations, Justice, International Tribunals & Special Courts, War Crimes, Military Forces & Armed Groups, Rape, SV against Men Regions: Africa, Central Africa Countries: Democratic Republic of the Congo

Year: 2014

Gender Justice, Remedy and Reparation

Dyan Mazurana

April 27, 2016

Chancellor’s Conference Room, Quinn Administration Building, 3rd Floor, UMass Boston

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Topics

Addressing Sexual Violence in Internationally Mediated Peace Negotiations

Citation:

Jenkins, Robert, and Anne Marie Goetz. 2010. "Addressing Sexual Violence in Internationally Mediated Peace Negotiations." International Peacekeeping 17 (2): 261–77.

Authors: Robert Jenkins , Anne Marie Goetz

Abstract:

Negotiated peace agreements rarely address the legacy of wartime sexual violence committed by state and non-state armed actors, even in cases where mass rape has been a prominent feature of the conflict. This article examines why this has been the case. It assesses the implications of UN Security Council resolution 1820 (June 2008), which calls for internationally mediated peace talks to address conflict-related sexual violence; advances reasons why doing so may contribute to more durable peace; and outlines where specific textual references to sexual violence in peace agreements could enhance the well-being of survivors and reduce the chances of brutal and widespread sexual violence persisting in the post-conflict period. The article focuses on five types (or elements) of peace agreement: (1) early-stage agreements covering humanitarian access and confidence-building measures; (2) ceasefires and ceasefire monitoring; (3) arrangements for demobilization, disarmament and reintegration (DDR) and longer-term security sector reform (SSR); (4) post-conflict justice institutions; and (5) provisions relating to reparations for victims of serious human rights abuses.
 

 

Topics: DDR, Economies, Gender, Women, Girls, Gender Roles, Gender-Based Violence, International Human Rights, Justice, Crimes against Humanity, International Tribunals & Special Courts, Reparations, Transitional Justice, War Crimes, Peacekeeping, Post-Conflict, UN Security Council Resolutions on WPS, UNSCR 1325, UNSCR 1820, Security Sector Reform, Sexual Violence, Sexual Exploitation and Abuse

Year: 2010

The Legacy of Gender-Based Violence and HIV/AIDS in the Post-Genocide Era: Stories From Women in Rwanda

Citation:

Russell, Susan Garnett, Sanaya Lim, Paul Kim, and Sophie Morse. 2015. “The Legacy of Gender-Based Violence and HIV/AIDS in the Post-Genocide Era: Stories From Women in Rwanda.” Health Care for Women International, August, 1–43.

Author: Susan Garnett Russell, Sanaya Lim, Paul Kim, Sophie Morse

Abstract:

Drawing on qualitative interviews with 22 Rwandan women, we describe the lived experiences of women survivors of Gender-Based Violence (GBV) more than a decade and a half after the 1994 Genocide. We argue that the intersection between GBV and HIV/AIDS has long-term implications: the majority of women interviewed continue to endure trauma, stigma, social isolation, and economic hardship in the post-genocide era and are in need of expanded economic and mental health support. Our findings have implications for the importance of providing integrated psychosocial support to survivors of GBV post-conflict contexts. 

Topics: Armed Conflict, Gender, Women, Girls, Gender-Based Violence, Governance, Post-Conflict Governance, Health, HIV/AIDS, Mental Health, PTSD, Reproductive Health, Trauma, Justice, Crimes against Humanity, International Tribunals & Special Courts, Reparations, War Crimes, Rights, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2015

Sexing the Subject of Transitional Justice

Citation:

Rimmer, Susan Harris. 2010. “Sexing the Subject of Transitional Justice.” The Australian Feminist Law Journal 32: 123-47.

Author: Susan Harris Rimmer

Abstract:

In the absence of the requisite political will at both the domestic and international level, transitional justice mechanisms can be manipulated or rendered impotent, whilst creating false expectations, waylaying the efforts of human rights advocates and costing millions of donor dollars. A feminist strategic legalist approach would focus on gaining the full participation of women in peace negotiations and key decisions about transitional justice processes and the development of a justice sector, and preserving evidence and acquiring data in relation to international and domestic gender crimes for the day when fair trials can be held. The formal ending of violence does not necessarily mean the achievement of peace, rather it provides a 'new set of opportunities that can be grasped or thrown away'. Law in a transitional period might hold an 'independent potential for effecting transformative politics' and 'liberalising' change. On the other hand, in the context of the societal breakdown caused by armed conflict, feminist scholars may be asking international law to engage in too much 'heavylifting'. If transitional justice represents theory and praxis in a liminal zone between international relations and international law, both of which have proved resistant to feminist analysis, why are many feminists so confident that transitional justice represents an opportunity for transformative change?

Topics: Armed Conflict, Feminisms, Gender, Women, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Governance, Post-Conflict Governance, International Law, International Criminal Law, International Human Rights, International Humanitarian Law (IHL), International Organizations, Justice, International Tribunals & Special Courts, War Crimes, Peacebuilding, Peace Processes, Political Participation, Post-Conflict, Rights, Human Rights, Women's Rights

Year: 2010

Gender and Judging at the International Criminal Court

Citation:

Chappell, Louise. 2010. “Gender and Judging at the International Criminal Court.” Politics & Gender 6 (3): 484-95.

Author: Louise Chappell

Abstract:

Imagine this: a court presided over by a majority of women judges--many of whom are from racially marginalized backgrounds--and which has a "constitution" that has gender justice at its core. Incredibly, given what we know about gender and judging cross-nationally, this is not some utopian vision but the current reality at the International Criminal Court (ICC). As of May 2010, the 18 member ICC bench consisted of 11 women judges, most of whom were from outside the West and many of whom have expertise in gender-based violence. This development raises a range of important questions, two of which I want to speculate on in the following discussion: How is it that the sex profile of the ICC bench differs so dramatically from domestic-level courts? What difference might this profile make to the transformation of international law in terms of expanding gender justice principles?

Topics: Gender, Women, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Gender Equity, Governance, Post-Conflict Governance, International Law, International Criminal Law, International Human Rights, International Humanitarian Law (IHL), International Organizations, Justice, International Tribunals & Special Courts, Transitional Justice, War Crimes, Peacebuilding, Post-Conflict, Rights, Women's Rights

Year: 2010

Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone

Citation:

Kamara, Joseph F. 2009. “Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone.” Leiden Journal of International Law 22 (4): 761–77.

Author: Joseph F. Kamara

Abstract:

Sierra Leone experienced particularly heinous and widespread crimes against humanity and war crimes during its eleven years of civil war from 1991 to 2002. During the war, the civilian population was targeted by all the fighting factions. Civilians were captured, abducted, and held as slaves used for forced labour. The Special Court for Sierra Leone was established by the government of Sierra Leone and the United Nations in 2002, through Security Council Resolution 1315. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in Sierra Leone since 30 November 1996. The aim of this paper is to sketch out the extent to which the jurisprudence of the Special Court can serve as a model for efficient and effective administration of criminal justice nationally through the preservation of its legacy.

Topics: Armed Conflict, Civil Wars, Gender, International Law, International Humanitarian Law (IHL), International Organizations, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, UN Security Council Resolutions on WPS Regions: Africa, West Africa Countries: Sierra Leone

Year: 2009

Force & Marriage: The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law

Citation:

Haenen, Iris. 2014. Force & Marriage: The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law. Cambridge, UK: Intersentia.

Author: Iris Haenen

Abstract:

Forced marriages take place all over the world, both in times of peace and in times of conflict. Media attention and judicial scrutiny have helped place this practice in the legal and political limelight, requiring national governments and the international community alike to develop strategies to deal with this human rights violation. On the level of national law, several countries have introduced a specific offense of forced marriage in their criminal laws. On the level of international law, courts and tribunals have deliberated on how to legally classify this practice and are faced with the question of whether or not forced marriage should be seen as a 'new' crime against humanity. This book provides a comparative perspective on the criminalization of forced marriage, focusing on the question of whether - and, if so, how - the practice of forced marriage should be criminalized under both Dutch and international law. After offering a thorough description of the phenomenon of forced marriage in and outside of conflict situations, a synthesized doctrinal foundation for criminalization on the national and international level is presented. Next, the book delves into international case law and criminal law concerning the act of forced marriage. It goes on to provide a comprehensive overview of and comparison between Dutch and English criminal law and civil law. It then discusses whether forced marriage should be criminalized in Dutch law and whether it should be added to the Rome Statute of the International Criminal Court as a distinct crime against humanity, war crime, or act of genocide.

Topics: Armed Conflict, Gender, Genocide, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, Rights, Human Rights

Year: 2014

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