Eastern Europe

Conflict-Related Sexual Violence: International Law, Local Responses

Citation:

St. Germain, Tonia, and Susan Dewey, eds. 2012. Conflict-Related Sexual Violence: International Law, Local Responses. Sterling, Va: Kumarian Press.

Authors: Tonia St. Germain, Susan Dewey

Abstract:

The result of a collaboration between a feminist legal scholar and an anthropologist, Conflict-Related Sexual Violence presents completely original work by anthropologists, international human rights lawyers, legal theorists, political scientists, mental health professionals, and activists who report upon their respective research regarding responses to conflict-related sexual violence in Afghanistan, Bosnia-Herzegovina, Colombia, Haiti, Liberia, Sierra Leone, Somalia, and South Africa. Much more than a series of case studies, though, the bulk of the book addresses the implications of international responses to conflict-related sexual violence through analyses of the gaps between policy and practice with respect to efforts made by international organizations, criminal courts and tribunals to reduce or respond to conflict-related sexual violence. Scholarly, reflective, provocative yet practical and action-oriented, this book exemplifies a visionary blending of analysis, evidence, concepts and programs for ameliorating the lot of those whose lives are framed by war and conflict and the striving to find healing and justice.

(Kumarian Press)

Topics: Armed Conflict, Gender, Women, International Law, Justice, NGOs, Sexual Violence, SV against Women Regions: Africa, East Africa, Southern Africa, West Africa, Americas, Caribbean countries, South America, Asia, South Asia, Europe, Balkans, Eastern Europe Countries: Afghanistan, Bosnia & Herzegovina, Colombia, Haiti, Liberia, Sierra Leone, Somalia, South Africa

Year: 2012

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

Transitional Justice as Recognition: An Analysis of the Women’s Court in Sarajevo

Citation:

Clark, Janine Natalya. 2016. “Transitional Justice as Recognition: An Analysis of the Women’s Court in Sarajevo.” International Journal of Transitional Justice 10 (1): 67–87. doi:10.1093/ijtj/ijv027.

Author: Janine Natalya Clark

Abstract:

In May 2015, a women’s court was held in Sarajevo over a four-day period. It was the first such court on European soil in over 40 years and reflected a growing awareness within the former Yugoslavia of the limitations of international and national criminal trials. I attended the Women’s Court, and this article draws on both my experiences as a participant observer and my interviews with some of the organizers and witnesses. Although it is too soon to know whether the Court will produce any substantive results or have any lasting impact, I offer an early analysis. While the organizers of the Court theorized it as feminist justice, I regard feminist justice as part of what Frank Haldemann terms ‘justice as recognition.’ Analyzing and assessing the Court within this conceptual framework, I argue that it successfully delivered justice as recognition at a symbolic level. The challenge now is to translate this symbolic justice as recognition into a more tangible and practical form.

Keywords: Women's Court, former Yugoslavia, justice as recognition, feminist justice, holistic approach

Topics: Feminisms, Gender, Women, Justice, International Tribunals & Special Courts, Transitional Justice Regions: Europe, Balkans, Eastern Europe Countries: Yugoslavia (former)

Year: 2016

Between Rhetoric and Reality: Exploring the Impact of Military Humanitarian Intervention upon Sexual Violence – Post-Conflict Sex Trafficking in Kosovo

Citation:

Godec, Samantha T. “Between Rhetoric and Reality: Exploring the Impact of Military Humanitarian Intervention upon Sexual Violence – Post-Conflict Sex Trafficking in Kosovo.” International Review of the Red Cross 92, no. 877 (March 2010): 235–58. doi:10.1017/S1816383110000159.

Author: Samantha T Godec

Abstract:

Adopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author’s contention that such intervention would be counterproductive for women’s rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force. 

 

Annotation:

Godec discusses current critiques of militarized humanitarian intervention and delivery of aid, which do not consider women or a gender analysis of women’s post-intervention experience. This article seeks to analyze the impact of militarized humanitarian intervention in relation to sex trafficking & forced prostitution in Kosovo.  Prior to 1999, Kosovo did not have a thriving sex-industry but within months of the troops, NGO’s, and UNMIK personnel arriving due to the conflict with Serbia, brothels were established around the military bases.  Due to this influx of militarized aid deliverers, Kosovo is now a major destination country for trafficking women & children and the author attributes this to:

1.     Sudden presence of military personnel creating immediate demand for sexual services

2.     Post-intervention of Kosovo sustained the demand & fostered an environment where organized criminal network could reap the profits

3.     Disruption of society & economy resulted in increased numbers of women & girls in need of income thereby creating a supply for the sex industry

4.     Failure of the UNMIK to address the problem of trafficking allowed for a culture of impunity to prevail

In addition to a developing sex industry, the greater the military presence the greater gender-based-violence increased in Kosovo. Godec cautions that the same pattern of international presence and the subsequent outcome on women & girls is arising in conflict areas such as: Kuwait, Afghanistan & Iraq.  As a preventative, Godec calls for gender awareness and education to be brought to peacekeepers and the military.  “The key criterion is whether the benefits of the use of force will outweigh the costs.”

Topics: Armed Conflict, Gender, Women, Girls, Gender Analysis, Humanitarian Assistance, International Law, Military Forces & Armed Groups, Militaries, Militarization, Post-Conflict, Post-Conflict Reconstruction, Sexual Violence, Sexual Exploitation and Abuse, Trafficking, Human Trafficking, Sex Trafficking Regions: Europe, Balkans, Eastern Europe Countries: Kosovo

Year: 2010

Configurations of Post-Conflict: Impacts of Representations of Conflict and Post-Conflict upon the (Political) Translations of Gender Security within UNSCR 1325

Citation:

McLeod, Laura. 2011. “Configurations of Post-Conflict: Impacts of Representations of Conflict and Post-Conflict upon the (Political) Translations of Gender Security within UNSCR 1325.” International Feminist Journal of Politics 13 (4): 594–611.

Author: Laura McLeod

Abstract:

UNSCR 1325 is a Security Council Resolution designed to operate in post-conflict contexts. ‘Post-conflict’ is a discourse with contested temporal and spatial aspects, raising questions about how different perspectives towards ‘post-conflict’ has affected interpretations of UNSCR 1325 on the ground. Given the contestability of ‘post-conflict’, surprisingly little research has focused upon how what is identified as the ‘post-conflict problem’ shapes responses to UNSCR 1325. To address this gap, I contrast configurations of ‘post-conflict’ within three different initiatives in Serbia that have drawn upon UNSCR 1325. The constructions of ‘post-conflict’ are understood through an analytical strategy concerned with the representation of conflict and post-conflict reconstruction within each initiative. Making explicit antagonisms at the heart of ‘post-conflict’ demonstrates how the logic of gender security as it relates to UNSCR 1325 is shaped by the specific problematization of ‘post-conflict’. This article outlines new empirical research on the utilization of UNSCR 1325 within three different political contexts in Serbia to assert the importance of realizing the contestability of ‘post-conflict’ contexts in shaping how we might respond to UNSCR 1325, and indeed, any international policy or ambition intended as a response to post-conflict situations.

Keywords: post-conflict, Serbia, UNSCR 1325, gender security, representations, problematization

Topics: Gender, Women, Post-Conflict, Security, UN Security Council Resolutions on WPS, UNSCR 1325 Regions: Europe, Balkans, Eastern Europe Countries: Serbia

Year: 2011

Building a State That Works for Women: Integrating Gender into Post-Conflict State Building

Citation:

Castillejo, Claire. 2011. ‘Building a State That Works for Women: Integrating Gender into Post-Conflict State Building’, March, Working Paper. Madrid: Fride. http://fride.org/download/WP107_Building_state.pdf

Author: Claire Castillejo

Abstract:

This working paper presents key findings from a joint FRIDE-ODI research project that investigated the impact of state building on women’s citizenship. The project was developed in response to gaps in the current state building work. On one hand, theoretical models on state building are elaborated at an abstract level that makes gender power relations invisible. For example, these tend to model the relationship between state, elites and an undisaggregated “society” without asking who is represented within each group, who participates in state-society negotiations, and whose expectations and demands are expressed within these negotiations. On the other hand, although donor policies do stress that state building should be an inclusive process, they are vague on how this – and specifically the inclusion of women - is to be achieved.

The project involved research in five post-conflict countries, Burundi, Guatemala, Kosovo, Sierra Leone and Sudan. It investigated three central questions: What role do women play in state building? How do state building processes affect women’s political participation? How do state building processes affect women’s rights?

The findings highlighted that post-conflict contexts do provide new opportunities for women to mobilise. However, their ability to influence state building processes is limited both by structural barriers and by opposition from elites. While women have made some significant gains in terms of formal equality and inclusion, informal patterns of power and resource allocation have been much harder to shift. It appears that gender inequalities in these contexts are innately linked to the underlying political settlement, including the balance of power between formal and customary authorities. It is therefore critical that donors address gender as a fundamentally political issue. 

 

Keywords: post conflict reconstruction, women, gender, state-building, integration

Topics: Democracy / Democratization, Development, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Post-Conflict Governance, Political Participation, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, Central Africa, East Africa, West Africa, Americas, Central America, Europe, Balkans, Eastern Europe Countries: Burundi, Guatemala, Kosovo, Sierra Leone, Sudan

Year: 2011

Price of Peace: Financing for Gender Equality in Post Conflict Reconstruction

Citation:

Budlender, Debbie. 2010. ‘Price of Peace: Financing for Gender Equality in Post Conflict Reconstruction’. United Nations Development Programme (UNDP). http://www.undp.org/content/undp/en/home/librarypage/womens-empowerment/price-of-peace-financing-for-gender-equality-in-post-conflict-reconstruction.html. 

Author: Debbie Budlender

Abstract:

Questions of the gender-responsiveness of post-conflict funding are important beyond the economic sphere. While budgets and financing are economic tools, the monies that they govern are used to finance activities that extend into all areas of govern- ment activity. In post-conflict situations, donor funds are used not only to rebuild the economy and to (re-)establish administrative systems and law and order, but also to fund social services such as education and health. Decisions as to which sectors will be funded and what will be funded within them are therefore of clear impor- tance in determining prospects for advancing gender equality in the recipient country. In an attempt to get more detailed information, the Gender Team of the United Nations Development Programme (UNDP) commissioned case studies in Kosovo, Sierra Leone, Southern Sudan and Timor-Leste. The case studies examine whether and how resources were allocated and used in post-conflict reconstruction initiatives to promote gender equality and address women’s needs.The studies examined whether gender issues were addressed through separate projects or through addressing gender issues in mainstream projects and programmes.They also examined how funding of post-conflict reconstruction related to their own budgets with respect to gender equality and women’s empowerment. The research covered the full post-conflict reconstruction period, including early recovery and peace-building assistance as well as later assistance as the recipient countries attempted to move towards a more ‘normal’ situation. The precise time period varied from one case study to the next and these are detailed in each individual case study. Movement towards the normal situation is reflected by a shift in instruments used, with countries over time increasingly being assisted through standard instruments and processes used in non-conflict countries. For future and current interventions, this synthesis report draws on the lessons that intervening actors as well as actors in the beneficiary countries can learn from these four case studies. 

 

Keywords: United Nations Development Programme, gender equality, gender and finance, post-conflict

Topics: Development, Economies, Gender, Women, Gender-Based Violence, Gender Budgeting, Governance, Post-Conflict Governance, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, East Africa, West Africa, Europe, Balkans, Eastern Europe, Oceania Countries: Kosovo, Sierra Leone, South Sudan, Timor-Leste

Year: 2010

Integrating Gender in Post-Conflict Security Sector Reform

Citation:

Bastick, Megan. 2008. ‘Integrating Gender in Post-Conflict Security Sector Reform’. In SIPRI Yearbook. DCAF. https://www.sipri.org/yearbook/2008/04.

Author: Megan Bastick

Abstract:

The importance of security sector reform (SSR) has increasingly been empha- sized in international engagement with post-conflict countries. In February 2007 the United Nations Security Council stressed that ‘reforming the security sector in post-conflict environments is critical to the consolidation of peace and stability, promoting poverty reduction, rule of law and good governance, extending legitimate state authority, and preventing countries from relapsing into conflict’. National governments also identify SSR as a key tool in con- solidating their authority and healing divisions of the past. This chapter explores the case and methods for addressing gender issues in post-conflict SSR processes, drawing upon experiences in Afghanistan, Kosovo, Liberia, Peru, Rwanda, Sierra Leone and Timor-Leste, and potential models from Serbia and South Africa. Section II further defines the concepts of SSR and gender, as well as their relationship to each other. The rationale for and experiences of gender mainstreaming in SSR and promoting the full and equal participation of men and women in SSR processes are discussed in section III, with practical examples from post-conflict settings. Section IV focuses on promoting women’s participation in post-conflict security services. Section V examines some challenges for key post-conflict SSR and SSR- related activities, including gender dimensions in disarmament, demobilization and reintegration (DDR) processes, transitional justice and justice reform. Section VI summarizes the case for integrating gender into future SSR program- ming and policymaking and outlines the key opportunities and challenges. 

 

Keywords: gender, security sector reform, post-conflict, gender mainstreaming

Annotation:

Security sector reform (SSR) is essential to post-conflict peacebuilding in order to prevent the reoccurrence of conflict, to enhance public security, and to create the conditions for reconstruction and development. The importance of women’s participation and gender equality in peacebuilding and security is recognized by many governments and United Nations and donor agencies. However, efforts to promote these goals are often planned and implemented independently of each other, with the result that SSR fails to include women and to address the security needs of the entire population—including women, girls and boys.

Post-conflict SSR processes have used various approaches to address gender issues.

  • In Afghanistan, Kosovo and Liberia SSR measures to recruit and
    retain women, and to make security institutions more responsive to
    gender issues presented challenges but also yielded positive results.
  • In Peru, Sierra Leone and Timor- Leste truth and reconciliation commissions included mechanisms to address the experiences and justice needs of women.
  • Rwandan women parliamentarians made distinctive contributions to SSR by uniting across party and ethnic lines to address issues of women’s security.
  • In Liberia and Sierra Leone disarmament, demobilization and reintegration processes contributed to developing operational procedures to ensure that women and girls are not excluded, and that the needs of men and boys are also addressed.
  • In Liberia and South Africa women’s civil society organizations were important partners in linking SSR with local security and justice concerns.

Gender mainstreaming—assessing the impact of SSR policies andactivities on women, men, boys and girls at every stage of the process—is a key strategy. It must be accompanied by steps to ensure that both men and women participate and are represented in SSRprocesses.

Participation of women in post-conflict security services is crucial to creating structures that are representative, trusted and legitimate,and are able to meet the security needs of both men and women.

‘Transitional justice’ and justice reform processes have madeadvances in responding to gender issues. Ad hoc criminal tribunals have prioritized prosecution of sexual violence.

Successful integration of gender in SSR shares the broader challenges of SSR. External actors can encourage and support, but initiatives must be led by local stakeholders. SSR has much to gain byintegrating gender.

 

Megan Bastick (Australia/United Kingdom) is Deputy Head of the Special Programmes Division at the 

Geneva Centre for the Democratic Control of Armed Forces (DCAF).

Topics: Gender, Gender Mainstreaming, Governance, Post-Conflict Governance, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, Central Africa, East Africa, Southern Africa, West Africa, Americas, South America, Asia, South Asia, Europe, Balkans, Eastern Europe, Oceania Countries: Afghanistan, Kosovo, Liberia, Peru, Rwanda, Serbia, Sierra Leone, South Africa, Timor-Leste

Year: 2008

Leveraging Change: Women’s Organizations and the Implementation of UNSCR 1325 in the Balkans

Citation:

Irvine, Jill A. 2013. ‘Leveraging Change: Women’s Organizations and the Implementation of UNSCR 1325 in the Balkans’. International Feminist Journal of Politics 15 (1): 20–38.  

Author: Jill A. Irvine

Abstract:

This article examines how regional and local women’s organizations in Serbia, Bosnia-Herzegovina and Kosovo have used UNSCR 1325 as a tool for organizing and advocacy in three broad areas: women’s inclusion in decision-making processes; regional and human security; and transitional justice. In response to perceived unwillingness by international as well as national actors to implement UNSCR 1325, women’s organizations developed strategies to use this international norm to achieve their goals. They have done this, I argue, through a double ‘boomerang effect’. In their seminal 1998 work, Activists Beyond Borders, Keck and Sikkink demonstrated how NGOs operate to produce a boomerang effect; they appeal to transnational actors to assert international pressure against national governments in order to enforce compliance with human rights norms. In attempting to implement UNSCR 1325, women’s organizations have also often added a reverse dimension, mobilizing local support through grassroots campaigns and regional networks in order to force the United Nations and other international actors to comply with their own resolution concerning women, peace and security. In doing so, they have achieved some success in promoting inclusion. They have been less successful in using UNSCR 1325 as a tool for addressing structural sources of inequality including militarism and neo-liberal models of economic development.

Keywords: UNSCR 1325, women's organizations, political inclusion, human security, transitional justice

Topics: Gender, Women, Governance, International Law, International Human Rights, International Organizations, Justice, Transitional Justice, Military Forces & Armed Groups, Militarism, NGOs, Political Participation, Rights, Human Rights, Security, Human Security, UN Security Council Resolutions on WPS, UNSCR 1325 Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Kosovo, Serbia

Year: 2013

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