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Reparations

Reparations for Sexual and Reproductive Violence: Prospects for Achieving Gender Justice in Guatemala and Peru

Citation:

Duggan, Colleen, Claudia Paz y Paz Bailey, and Julie Guillerot. 2008. “Reparations for Sexual and Reproductive Violence: Prospects for Achieving Gender Justice in Guatemala and Peru.” International Journal of Transitional Justice 2 (2): 192–213. doi:10.1093/ijtj/ijn013.

Authors: Colleen Duggan, Claudia Paz y Paz Bailey, Julie Guillerot

Abstract:

Sexual and reproductive violence (SRV) perpetrated against women during war or under authoritarian regimes is one of the most severe manifestations of gender-based violence. The authors ask how governments in new or reforming democracies hope to repair SRV and how state programs for reparation might be conceptualized and delivered. By examining the cases of Guatemala and Peru, they explore the problematic of repairing damage caused by SRV and comment on prospects for redress to victims in each country.

Topics: Gender-Based Violence, Justice, Reparations, Post-Conflict, Sexual Violence Regions: Americas, Central America, South America Countries: Guatemala, Peru

Year: 2008

The Nairobi Declaration: Redefining Reparation for Women Victims of Sexual Violence

Citation:

Couillard, Valérie. 2007. “The Nairobi Declaration: Redefining Reparation for Women Victims of Sexual Violence.” International Journal of Transitional Justice 1 (3): 444–53. doi:10.1093/ijtj/ijm030.

Author: Valérie Couillard

Abstract:

This paper explores the contribution of the Nairobi Declaration on the Right of Women and Girls to a Remedy and Reparation to the problem of delivering justice through reparation programmes for women victims of sexual violence in conflict situations. It highlights that this civil society initiative is particularly significant because it gives voice to women and girls who are survivors of sexual violence. Placed in the context of the recent adoption by the United Nations' General Assembly of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the Nairobi Declaration redefines reparation and guides policy-making to implement the right to reparation specifically for victims of sexual violence. The concept of reparation as a transformative and participative process put forward in the Nairobi Declaration constitutes its most innovative and inspiring contribution.

Topics: Civil Society, Gender, Women, International Law, International Human Rights, International Humanitarian Law (IHL), Justice, Reparations, Sexual Violence, SV against Women Regions: Africa, East Africa Countries: Kenya

Year: 2007

Women and Reparations

Citation:

Rubio-Marín, Ruth, and Pablo de Greiff. 2007. “Women and Reparations.” International Journal of Transitional Justice 1 (3): 318–37. doi:10.1093/ijtj/ijm035.

Authors: Ruth Rubio-Marín, Pablo de Greiff

Abstract:

Reparations for victims of gross human rights violations are becoming an increasingly acknowledged feature in post-authoritarian and post-conflict societies coping with the legacy of a violent past. Despite some recent progress much more work needs to be done for massive reparations programs to respond better to the needs of women. This article, resting as it does on a comprehensive conception of reparations, outlines both the procedural and substantive components of reparations programs necessary for the programs to fulfill the goal of providing (partial) justice to women.

Topics: Gender, Women, Justice, Reparations, Transitional Justice, Post-Conflict

Year: 2007

Trying International Crimes on Local Lawns: The Adjudication of Genocide Sexual Violence Crimes in Rwanda's Gacaca Courts

Citation:

Amick, Emily. 2011. “Trying International Crimes on Local Lawns: The Adjudication of Genocide Sexual Violence Crimes in Rwanda’s Gacaca Courts.” Columbia Journal of Gender & Law 20 (2). http://cjgl.cdrs.columbia.edu/article/trying-international-crimes-on-local-lawns-the-adjudication-of-genocide-sexual-violence-crimes-in-rwandas-gacaca-courts/.

Author: Emily Amick

Abstract:

During the Rwandan genocide sexual violence was used as a weapon of war to ravage a people. Women were tortured psychologically, physically and emotionally. For some women the “dark carnival” of the genocide has not ended. Living side by sidewith the men who committed violence against them, they must confront their past every day. This Article explores how, post-genocide, the country has come to adjudicate these crimes in gacaca. Gacaca is a unique method of transitional justice, one that calls upon traditional roots, bringing community members together to find the truth of what happened during the genocide and punish those who perpetrated violence. One scholar calls gacaca, “one of the boldest and most original ‘legal-social’ experiments ever attempted in the field of transitional justice.” Others, however, criticize gacaca for the impunity it grants to crimes committed by the current ruling party, the Rwandan Patriotic Front (RPF), and its lack of due process and nonconformance to international fair trial processes. Most authors find that, for cases of sexual violence, gacaca is a wholly unsuitable forum.

Topics: Gender, Genocide, International Law, International Criminal Law, International Organizations, Justice, International Tribunals & Special Courts, Reparations, Transitional Justice, Post-Conflict, Sexual Violence, Male Perpetrators, SV against Women, Torture, Sexual Torture Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2011

Leaving Behind the Age of Impunity

Citation:

Durbach, Andrea, and Louise Chappell. 2014. “Leaving Behind the Age of Impunity.” International Feminist Journal of Politics 16 (4): 543–62. doi:10.1080/14616742.2014.941251.

Authors: Andrea Durbach, Louise Chappell

Abstract:

As sexual violence in conflict – predominantly affecting women and girls – appears to increase in prevalence, gender justice advocates are calling for a reparations model that is not only restorative, but also, and more critically, preventative or transformative. This article asks whether the reparations mandate of the International Criminal Court (ICC) and the Trust Fund for Victims has the potential to address the pre-conflict structural inequalities that often contribute to the sexual violence and harm experienced during and post-conflict. Drawing on social theorist Nancy Fraser's model of trivalent justice and the ICC's first reparations decision in Lubanga, this article argues that the design of the ICC's court-ordered reparations mandate, and the unrealistic expectations it raises, may make it untenable to support the key transformative elements of recognition, representation and redistribution essential to addressing structural inequities contributing to conflict-related sexual violence. It suggests however, that modifying initiatives of the ICC's Trust Fund for Victims and a greater emphasis by the ICC on the notion of member state “reparative complementarity” may provide mechanisms for transforming conditions that trigger and perpetuate gender violence during conflict.

Keywords: conflict-related sexual violence against women, international criminal court, reparations, Nancy Fraser

Topics: Gender, Women, Gender-Based Violence, International Law, International Organizations, Justice, Impunity, International Tribunals & Special Courts, Reparations, Sexual Violence, SV against Women

Year: 2014

Transformative Reparations? A Critical Look at a Current Trend in Thinking about Gender-Just Reparations

Citation:

Walker, Margaret Urban. 2016. “Transformative Reparations? A Critical Look at a Current Trend in Thinking about Gender-Just Reparations.” International Journal of Transitional Justice 10 (1): 108–25. doi:10.1093/ijtj/ijv029.

Author: Margaret Urban Walker

Abstract:

Gender justice in reparations for women requires that entrenched oppression or disadvantage suffered by women does not result in women being deprived of recognition as victims and of access to full and effective reparation. An idea has taken hold in both policy and academic inquiry that gender-just reparations should be ‘transformative’ rather than (merely) corrective or restorative. I question the most ambitiously transformative aims that seek to make reparations into an instrument of society-wide structural change. I suggest that this conception not only overreaches practically and politically but that it threatens to bypass or aims to displace reparative justice as a distinct and distinctly victim-centered imperative. In doing so, it demotes the importance of recognizing individual victims themselves, whose status as bearers of rights and subjects of justice depends crucially on their standing to claim accountability and repair for violations to their individual persons.

Keywords: reparations, reparative justice, gender justice, transformative justice, victims

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Topics: Gender, Gender Mainstreaming, Justice, Reparations, Transitional Justice

Year: 2016

Transformative Reparations for Women and Girls at the Extraordinary Chambers in the Courts of Cambodia

Citation:

Williams, Sarah, and Emma Palmer. 2016. “Transformative Reparations for Women and Girls at the Extraordinary Chambers in the Courts of Cambodia.” International Journal of Transitional Justice 10 (2): 311–31. doi:10.1093/ijtj/ijw006.

Authors: Sarah Williams, Emma Palmer

Abstract:

Reparations programmes are one form of response to violence. However, scholars have criticized their tendency to focus on restoring victims to the position they were in before the conflict began, usually through awarding restitution, compensation or rehabilitation measures. Instead, critics have suggested that reparations should aim to transform the societal conditions that contribute to sexual violence and the inequality of women and girls through recognition, redistribution and representation. This article builds upon this emerging scholarship to explore the potential for transformative reparations in international criminal tribunals through examining the reparations mandate and practice of the Extraordinary Chambers in the Courts of Cambodia (ECCC). It concludes that the ECCC’s legal and institutional framework, and the context in which it operates, limit the contribution that it can make to transformation. It is therefore important to be realistic about what can be expected from such institutions.

Keywords: reparations, transformation, gender, international criminal justice, Extraordinary Chambers in the Courts of Cambodia

Topics: Gender, Women, Girls, Justice, International Tribunals & Special Courts, Reparations, Transitional Justice Regions: Asia, Southeast Asia Countries: Cambodia

Year: 2016

Women Forced to Flee: Refugees and Internally Displaced Persons

Citation:

Cohn, Carol, ed. 2012. “Women Forced to Flee: Refugees and Internally Displaced Persons.” Chap. 4 in Women and Wars. Malden, MA: Polity Press.

Author: Wenona Giles

Topics: Armed Conflict, Displacement & Migration, Forced Migration, IDPs, Refugees, Feminisms, Gender, Women, Humanitarian Assistance, International Organizations, Justice, Reparations

Year: 2012

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

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