Justice

Women, Security, and the Patriarchy of Internationalized Transitional Justice

Citation:

Ní Aoláin, Fionnuala. 2009. "Women, Security, and the Patriarchy of Internationalized Transitional Justice." Human Rights Quarterly 31 (4): 1055-85.

Author: Fionnuala Ní Aoláin

Abstract:

In the contemporary global context, transitions from conflict to peace and from authoritarian to democratic governance are a critical preoccupation of many states. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states, and new governments. Nonetheless, transitional justice goals have expanded to include a broad range of structural reforms in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across jurisdictions experiencing transformation. This article examines the conceptualization of and legal provision for gender security and its subsequent effects upon accountability in times of transition, with particular reference to post-conflict societies. The article closely assesses a range of contemporary issues implicated for women including an examination of post-conflict security from a gender perspective, gender and disarmament, and the centrality and effect of security sector reform for women. The article pays particular attention to the under-theorized and under-researched role of international masculinities, and the patriarchy that is imported with international oversight of transitional societies.

Topics: DDR, Democracy / Democratization, Gender, Women, Masculinity/ies, Gendered Power Relations, Patriarchy, Justice, Transitional Justice, Post-Conflict, Post-Conflict Reconstruction, Security, Security Sector Reform

Year: 2009

Transitional Justice and Gender in Uganda: Making Peace, Failing Women during the Peace Negotiation Process

Citation:

Nabukeera-Musoke, Harriet. 2009. “Transitional Justice and Gender in Uganda: Making Peace, Failing Women during the Peace Negotiation Process.” African Journal on Conflict Resolution 9 (2): 121-9.

Author: Harriet Nabukeera-Musoke

Annotation:

 

 

Topics: Armed Conflict, Gender, Women, Justice, Transitional Justice, Peace Processes Regions: Africa, East Africa Countries: Uganda

Year: 2009

‘Other Inhumane Acts’: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone

Citation:

Park, Augustine S. J. 2006. “‘Other Inhumane Acts’: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone.” Social & Legal Studies 15 (3): 315–37.

 

Author: Augustine S. J. Park

Abstract:

The decade-long civil war in Sierra Leone gained international notoriety for the widespread use of child soldiers, and the sexual abuse and ‘forced’ marriage of girl soldiers. For the first time in international legal history, ‘forced marriage’ is being prosecuted as a ‘crime against humanity’ in Sierra Leone’s post-conflict ‘Special Court’. This represents an important step in advancing the human rights of girls, and follows a growing trend in international criminal prosecution of gender offences. Notwithstanding the significance of this indictment, international law is no panacea for the deeper inequalities and vulnerabilities that girls experience in peacetime and in wartime. This article advocates a specific focus on girls, who are often ‘disappeared’ under discourses of children and women. Moreover, using recommendations from Sierra Leone’s Truth and Reconciliation Commission, this article attempts to point to social and economic inequalities that must be addressed alongside criminal prosecution of gendered crimes against humanity.

Topics: Armed Conflict, Combatants, Child Soldiers, Female Combatants, Gender, Girls, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, International Law, International Criminal Law, Justice, Crimes against Humanity, International Tribunals & Special Courts, TRCs, Military Forces & Armed Groups, Militaries, Post-Conflict, Sexual Violence, Sexual Exploitation and Abuse, SV against Women Regions: Africa, West Africa Countries: Sierra Leone

Year: 2006

Approaches to Gender Conflicts on Land Ownership in the Courts of Anglophone Cameroon: Human Rights Implications

Citation:

Sone, Patience Munge. 2013. “Approaches to Gender Conflicts on Land Ownership in the Courts of Anglophone Cameroon: Human Rights Implications.” The International Journal of Human Rights 17 (4): 567–83. doi:10.1080/13642987.2013.793084.

Author: Patience Munge Sone

Abstract:

This article examines the Cameroonian legal system on land ownership. It discusses the general underlying principles of the right to land ownership, highlighting land registration as the main determinant. It seeks to find out why there are recurrent gender land-related conflicts and evaluates court approaches in curbing gender conflict over land ownership. The study analyses the existing legislations and case laws relating to land ownership and gender conflict, and a descriptive analysis of findings on the existing registered land is employed to determine whether equal land ownership, which is an inherent right, is respected and protected in the courts of Anglophone Cameroon. Based on the findings, the article argues that the recurrent gender land-related conflicts have their roots in the customary practices influenced by patriarchy. Also, the discriminatory application of the statutory land laws by the common law judges has played a major role in the unequal land ownership in Anglophone Cameroon. The article argues for the institution of comprehensive and harmonized land reform and other machineries that may guide judges in addressing these incessant land-related gender conflicts.

Topics: Conflict Prevention, Gender, Gendered Power Relations, Patriarchy, Gender Equality/Inequality, Governance, Justice, Rights, Human Rights, Land Rights Regions: Africa, Central Africa Countries: Cameroon

Year: 2013

Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations: A Case Study of Sexual Violence in Guinea's Refugee Camps

Citation:

Farmer, Alice. 2006. “Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations: A Case Study of Sexual Violence in Guinea’s Refugee Camps.” Yale Human Rights and Development Law Journal 9 (1): 44–84.

Author: Alice Farmer

Abstract:

This article advocates for better access to justice and a more comprehensive accountability system in refugee camps. Refugee women are frequently subject to sexual violence and sexual exploitation in the country of refuge, and find themselves without ways of redressing these fundamental rights violations. This Article uses the sexual violence and sexual exploitation that was documented in refugee camps in Guinea in 2002 as an illustrative case study of the protection problems faced by refugee women in many parts of the world. The author argues that the host government, UNHCR, and various non-governmental organizations operated together to fulfill state-like functions in long-term refugee camps, but their efforts left accountability, access to justice, and enforcement of women's human rights laws sorely lacking. The movement toward rights based refuge - embraced in varying forms by the aid providers in Guinea - provides a theoretical and practical framework for greater rights recognition, but has not yet delivered a complete response to the specific human rights violations faced by refugee women. If rights-based refuge is to succeed in refugee settings like Guinea, aid providers must make the protection of women's human rights a central concern by instituting a robust, multi-layered system of accountability to which all refugee women have access.

Topics: Displacement & Migration, Refugees, Refugee/IDP Camps, Gender, Justice, NGOs, Rights, Human Rights, Women's Rights, Sexual Violence, Sexual Exploitation and Abuse, SV against Women Regions: Africa, West Africa Countries: Guinea

Year: 2006

Gender and Transitional Justice: Reflections on Conversations in Bellagio

Citation:

Nesiah, Vasuki. 2006. “Gender and Transitional Justice: Reflections on Conversations in Bellagio.” Columbia Journal of Gender and Law 15 (Spring): 799–812.

Author: Vasuki Nesiah

Topics: Gender, Justice, Transitional Justice Regions: Europe, Southern Europe Countries: Italy

Year: 2006

Taking Machismo to Court: The Gender Jurisprudence of the Colombian Constitutional Court

Citation:

Morgan, Martha I. 1999. "Taking Machismo to Court: The Gender Jurisprudence of the Colombian Constitutional Court." The University of Miami Inter-American Law Review 30 (2): 253-342.

Author: Martha I. Morgan

Topics: Gender, Justice, International Tribunals & Special Courts Regions: Americas, South America Countries: Colombia

Year: 1999

Rethinking the Spoils of War: Prosecuting Rape as a War Crime in the International Criminal Tribunal for the Former Yugoslavia

Citation:

Coan, Christin B. 2001. “Rethinking the Spoils of War: Prosecuting Rape as a War Crime in the International Criminal Tribunal for the Former Yugoslavia.” North Carolina Journal of International Law and Commercial Regulation 26 (1): 183-237.

Author: Christin B. Coan

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

Year: 2001

Women’s International Tribunal on Japanese Military Sexual Slavery

Citation:

Chinkin, Christine M. 2001. “Women’s International Tribunal on Japanese Military Sexual Slavery.” The American Journal of International Law 95 (2): 335-41. doi:10.2307/2661399.

Author: Christine M. Chinkin

Topics: Gender, Women, Justice, International Tribunals & Special Courts, Military Forces & Armed Groups, Militaries, Sexual Violence, Sexual Slavery Regions: Asia, East Asia Countries: Japan

Year: 2001

Putting Reproductive Rights on the Transitional Justice Agenda: The Need to Redress Violations and Incorporate Reproductive Health Reforms in Post-Conflict Development

Citation:

Vijeyarasa, Ramona. 2009. "Putting Reproductive Rights on the Transitional Justice Agenda: The Need to Redress Violations and Incorporate Reproductive Health Reforms in Post-Conflict Development." New England Journal of International and Comparative Law 15: 41.

Author: Ramona Vijeyarasa

Topics: Gender, Women, Health, Reproductive Health, Justice, Transitional Justice, Post-Conflict Reconstruction, Rights

Year: 2009

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