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International Tribunals & Special Courts

The Trauma of Justice: Sexual Violence, Crimes Against Humanity and the International Criminal Tribunal for the Former Yugoslavia

Citation:

Campbell, Kirsten. 2004. “The Trauma of Justice: Sexual Violence, Crimes Against Humanity and the International Criminal Tribunal for the Former Yugoslavia.” Social & Legal Studies 13 (3): 329–50.

Author: Kirsten Campbell

Abstract:

This article explores the relationship between the concepts of trauma and justice in the jurisprudence of crimes against humanity of the International Criminal Tribunal for the former Yugoslavia, focusing upon cases of sexual violence. It argues that the Tribunal’s jurisprudence conceives this crime as a traumatic violation of both the subject of rights and of universal humanity. The Tribunal’s models of international justice as procedure, punishment, recognition and therapy understand justice as the legal suturing of this trauma. In these models, the notion of ‘justice’ functions as phantasy in the psychoanalytic sense of an imaginary scene that veils its impossibility. However, figuring international justice as the resolution of the trauma of crimes against humanity reiterates the traumatic wrong in humanitarian law. Humanitarian law therefore requires a new model of international justice - a model that does not reiterate the past but which can institute the future.

Topics: Health, Trauma, International Law, International Humanitarian Law IHL, Justice, Crimes against Humanity, International Tribunals & Special Courts, Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2004

Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War

Citation:

Ní Aoláin, Fionnuala. 1997. “Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War.” Albany Law Review 60: 883–905.

Author: Fionnuala Ní Aoláin

Topics: Armed Conflict, International Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence Regions: Balkans Countries: Yugoslavia (former)

Year: 1997

Paper Protection Mechanisms: Child Soldiers and the International Protection of Children in Africa’s Conflict Zones

Citation:

Francis, David J. 2007. “Paper Protection Mechanisms : Child Soldiers and the International Protection of Children in Africa’s Conflict Zones.” Journal of Modern African Studies 45 (2): 207–31.

Author: David J. Francis

Abstract:

The arrest and prosecution in March 2006 of the former Liberian warlord-President Charles Taylor by the UN-backed Special Court for Sierra Leone, for war crimes including the recruitment and use of child soldiers, and the arrest and prosecution of the Congolese warlord, Thomas Lubanga Dyilo, by the International Criminal Court, accused of enlisting child soldiers in the DRC war, have raised expectations that finally international conventions and customary international laws protecting children in conflict zones will now have enforcement powers. But why has it taken so long to protect children in conflict situations despite the volume of international treaties and conventions? What do we know about the phenomenon of child soldiering, and why are children still routinely recruited and used in Africa's bloody wars? This article argues that against the background of unfolding events relating to prosecution for enlistment of child soldiers, the international community is beginning to wake up to the challenge of enforcing its numerous 'paper protection' instruments for the protection of children. However, a range of challenges still pose serious threats to the implementation and enforcement of the international conventions protecting children. Extensive research fieldwork in Liberia and Sierra Leone over three years reveals that the application of the restrictive and Western-centric definition and construction of a 'child' and 'childhood' raises inherent difficulties in the African context. In addition, most war-torn and post-conflict African societies are faced with the challenge of incorporating international customary laws into their domestic laws. The failure of the international community to enforce its standards on child soldiers also has to do with the politics of ratification of international treaties, in particular the fear by African governments of setting dangerous precedents, since they are also culpable of recruitment and use of child soldiers.

Topics: Armed Conflict, Combatants, Child Soldiers, Gender, International Law, International Criminal Law, International Organizations, Justice, International Tribunals & Special Courts, War Crimes, Post-Conflict Regions: Africa

Year: 2007

Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity

Citation:

Moshan, B. S. 1998. “Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity.” Fordham International Law Journal 22: 154–84.

Author: B. S. Moshan

Abstract:

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, focusing on the events leading up to the Rome Conference and the adoption of the ICC statute. Part II discusses the treatment of gender in the ICC statute. Part III argues that the inclusion of gender-based crimes in the definition of crimes against humanity in the ICC statute is a victory for women's rights, but that the Rome Statute fails to address some of the most essential concerns of women's rights advocates. This Comment concludes that the Rome Statute is ultimately only a partial victory for gender justice.

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

Year: 1998

Gender Mainstreaming in International Institutions: Developments at the UN ad hoc Tribunals and the International Criminal Court

Citation:

Chappell, Louise. 2005. “Gender Mainstreaming in International Institutions: Developments at the UN ad hoc Tribunals and the International Criminal Court.” Paper presented at the Annual Meeting of the International Studies Association, Honolulu, March 5.

Author: Louise Chappell

Abstract:

In recent years women's activists have worked hard to add a gender dimension to the workings of emerging international institutions including the UN ad hoc tribunals on the former Yugoslavia and Rwanda and the International Criminal Court. Through their efforts they have made some significant advances in bringing to light the complex, diverse and unique aspects of women's lives previously ignored in international criminal and humanitarian law. Advances include: the recognition of sexual violence as a grave breach of international law relating to war crimes, crimes against humanity and genocide; the redefinition of the crime of rape and the acknowledgment of gender as a basis for persecution. Feminist pressure has also helped to encourage an acceptance of the representation of women and gender interests within the ICC. Although there is still much to be done, feminist activists have demonstrated that there is a place for 'women's interests' under international law and that by taking these interests into account can make a real difference to women's lives in times of conflict.

Topics: Armed Conflict, Feminisms, Gender, Women, Gender Mainstreaming, International Law, International Criminal Law, International Humanitarian Law IHL, International Organizations, 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: 2005

Women, Gender and International Institutions: Exploring New Opportunities at the International Criminal Court

Citation:

Chappell, Louise. 2003. “Women, Gender and International Institutions: Exploring New Opportunities at the International Criminal Court.” Policy and Society 22 (1): 3–25. doi:10.1016/S1449-4035(03)70011-3.

Author: Louise Chappell

Abstract:

Traditionally women have been constructed in very limited terms under international law. They have been defined through their relationships with either men or with children. Moreover, the types of crimes experienced by women in times of armed conflict, including rape and other forms of sexual violence, have been categorised as less egregious than those experienced by men. In recent years feminists have sought to challenge the existing definition of women, drawing attention to the serious nature of gender-based crimes. They have done this through their engagement with new international institutions including the UN ad hoc tribunals for Yugoslavia and Rwanda and the development of the statute for the International Criminal Court (ICC). Through their efforts they have made some significant advances in bringing to light the complex, diverse and unique aspects of women’s lives previously ignored in international criminal and humanitarian law. Although there is still much to be done, feminist activists have demonstrated that the law and its influence are not fixed but dynamic and open to change.

Topics: Armed Conflict, Feminisms, Gender, Women, Gender-Based Violence, International Law, International Criminal Law, International Humanitarian Law IHL, International Organizations, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape, SV against women Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2003

Rape in War: Lessons of the Balkan Conflicts in the 1990s

Citation:

Kennedy-Pipe, Caroline, and Penny Stanley. 2000. “Rape in War: Lessons of the Balkan Conflicts in the 1990s.” International Journal of Human Rights 4 (3-4): 67–84.

Authors: Caroline Kennedy-Pipe, Penny Stanley

Abstract:

The Balkan wars of the 1990s were critical in bringing the issue of rape & more particularly the phenomenon of mass rape onto the political agenda in the West. For the first time, mass rape in war is now an indictable crime, giving the impression that the human rights of women are now taken seriously. Yet, as the article argues, although the crime of mass rape has been recognized by audiences in the West, there are grave weaknesses in the processes of how we deal with rape as a crime of war. Evidence of mass rape is liable to distortion & reliable evidence is hard to come by, at least for the standards required by proper judicial process. The attempts by the Hague tribunal to indict & try perpetrators of rape have not helped our understanding of why men rape, & indeed have tended to homogenize all rape in war as politically motivated. The Balkan Wars reveal that rape in war has multiple causes, as well as a variety of consequences.

Topics: Armed Conflict, Gender, Women, Gender-Based Violence, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, War Crimes, Rights, Human Rights, Sexual Violence, Rape Regions: Europe, Balkans

Year: 2000

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