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International Tribunals & Special Courts

Gender-Based Crimes under the Draft Statute for the Permanent International Criminal Court

Citation:

Erb, Nicole Eva. 1998. “Gender-Based Crimes under the Draft Statute for the Permanent International Criminal Court.” Columbia Human Rights Law Review 29: 401–35.

Author: Nicole Eva Erb

Topics: Gender, Women, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Rights, Human Rights, Women's Rights

Year: 1998

Breaking the Silence: Rape as an International Crime

Citation:

Ellis, Mark. 2006. “Breaking the Silence: Rape as an International Crime.” Case Western Reserve Journal of International Law 38 (2): 225–47.

Author: Mark Ellis

Abstract:

The article focuses on the advancement of the crime of rape as an international crime through the ad hoc Tribunals for Yugoslavia and Rwanda. The concept of rape as an international crime has been defined as a crime of genocide, a crime against humanity, and a war crime. The legal development of rape came in 1949, when rape and assault were included in the Geneva Conventions. Furthermore, the International Criminal Court conduct a diverse out-reach campaign for victims of sexual violence.

Topics: Gender, Justice, Crimes against Humanity, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2006

Rape as a Crime in International Humanitarian Law: Where to from Here?

Citation:

Dixon, Rosalind. 2002. “Rape as a Crime in International Humanitarian Law: Where to from Here?” European Journal of International Law 13 (3): 697–719.

Author: Rosalind Dixon

Abstract:

This article examines recent developments in the prosecution of crimes of sexual violence under international law. The author suggests that these developments are driven by the dual imperatives of a feminist ‘re‐order’ project — which seeks to reconstitute the international order free of sexual violence — and the imperative of recognition for victims of crimes of sexual violence. She argues, however, that by itself, a system of international criminal prosecution will be inadequate to meet the imperative of recognition for victims. She relies in this respect on research on the experiences of victims in national criminal justice systems, on the growing trend towards victims of crimes of sexual violence seeking redress in ‘transnational’ civil forums, and an analysis of the constraints of the international prosecution process. The article goes on to argue that the concept of international ‘justice’ for crimes of sexual violence needs to be expanded, beyond even those embodied in the ICTY or Rome Statutes, to include primary and not simply ancillary civil forums for the granting of ‘restitution.’  The author proposes a system of international victims' compensation, and makes preliminary suggestions for the features such a system should have. She further argues that, ultimately, this system will produce a parallel jurisprudence of ‘recognition’ which will eventually ‘act back’ on the discourses of international criminal prosecutions and the imperatives of an order/re‐order project.

Topics: Feminisms, Gender, International Law, International Criminal Law, International Humanitarian Law (IHL), Justice, International Tribunals & Special Courts, Reparations, War Crimes, Sexual Violence, Rape

Year: 2002

Sexual Assault of Men in War

Citation:

Carlson, Eric Stener. 1997. “Sexual Assault of Men in War.” The Lancet 349: 129.

Author: Eric Stener Carlson

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

Year: 1997

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

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