Transitional Justice

Gender Justice in Transition: Gendered Agency in War and Peace

Citation:

O'Reilly, Maria. 2018. Gendered Agency in War and Peace. London: Palgrave Macmillan.

Author: Maria O'Reilly

Annotation:

Summary:
This book examines how gendered agency emerges in peacebuilding contexts. It develops a feminist critique of the international peacebuilding interventions, through a study of transitional justice policies and practices implemented in Bosnia & Herzegovina, and local activists’ responses to official discourses surrounding them. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the book also advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognising women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes, are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialise before, during, and after conflict. This study establishes a new avenue of analysis for understanding responses and resistances to international peacebuilding, by offering a sustained engagement with feminist social and political theory. (Summary from Palgrave Macmillan)
 
Table of Contents:
1. Introduction
 
2. Contextualising Gendered Agency in War and Peace: Gender Justice and Women's Activism in Historical Perspective
 
3. Gender Justice in Transition: Gendered Agency in War and Peace
 
4. "The Triumph of Justice"? Examining Official Discourse on Transitional Justice
 
5. "Justice Does Not Come": Gendered Agency and Activism Around Wartime Sexual Violence in BiH
 
6. "I Cannot Extinguish Hope": Gendered Agency and the Search for Missing Persons in BiH
 
7. Conclusion

Topics: Armed Conflict, Feminisms, Gender, Gender-Based Violence, Gendered Power Relations, Gender Equity, Justice, Transitional Justice, Peacebuilding Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2018

Transitional Justice, Education, and Sexual Violence Stigma: The Results of a Schools-Based Study in Bosnia-Herzegovina

Citation:

Clark, Janine Natalya. 2018. "Transitional Justice, Education, and Sexual Violence Stigma: The Results of a Schools-Based Study in Bosnia-Herzegovina." Journal of Law and Society 45 (4): 509-37. 

Author: Janine Natalya Clark

Abstract:

Within the context of armed conflict, the problem of sexual violence‐related stigma is routinely acknowledged. Sustained efforts to tackle it, however, have often been lacking. This article argues that transitional justice processes have an important role to play in fighting stigma, and in creating new attitudinal spaces that enable those who have suffered sexual violence to tell their stories without fear of being mocked or judged. Underscoring crucial linkages between education and transitional justice, the article introduces a novel schools‐based project in Bosnia‐Herzegovina (BiH). Based on analysis of over 800 questionnaires, it demonstrates how a series of talks delivered in BiH high schools on the issue of conflict‐related sexual violence led to some positive and important attitudinal changes vis‐à‐vis common rape myths. These educational efforts to tackle stigma are theorized in the article as highlighting a crucial attitudinal dimension of transitional justice.

Topics: Armed Conflict, Education, Justice, Transitional Justice, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2018

Towards Inclusive Gender in Transitional Justice: Gaps, Blind-Spots and Opportunities

Citation:

Schulz, Philipp. 2019. "Towards Inclusive Gender in Transitional Justice: Gaps, Blind-Spots and Opportunities." Journal of Intervention and Statebuilding.  

Author: Philipp Schulz

Abstract:

While gender perspectives have become a burgeoning focus of analysis in transitional justice, the dominant conceptualization of 'gender' in such processes is effectively an exclusive one. As a result, careful consideration for the roles of masculinities and for the experiences of sexual and gender minorities remains strikingly absent. To engage with these blind-spots, in this article I initiate a move towards a more inclusive understanding of gender in transitional justice, which includes masculinities and queer perspectives. I also indicate how a move from the macro- to the micro-level of TJ implies opportunities and challenges for more inclusive understandings of gender.

Keywords: gender, masculinities, transitional justice, LGBTQI, sexual violence

Topics: Gender, Masculinity/ies, Justice, Transitional Justice, LGBTQ, Sexuality

Year: 2019

Gender and War: International and Transitional Justice Perspectives

Citation:

Jurasz, Olga, and Solange Mouthaan. 2019. Gender and War: International and Transitional Justice Perspectives. Cambridge: Intersentia.

Authors: Solange Mouthaan, Olga Jurasz

Keywords: gender, war, transitional justice, international law, conflict

Annotation:

Summary: 
This book explores and challenges common assumptions about gender, conflict, and post-conflict situations. It critically examines the gendered aspects of international and transitional justice processes by subverting traditional understandings of how wars are waged, the power dynamics involved, and the experiences of victims.The book also highlights the gendered stereotypes that underpin the (mis)perceptions about gender and war in order to reveal the multi-dimensional nature of modern conflicts and their aftermaths.
 
Featuring contributions from academics in law, criminology, international relations, politics and psychology, as well as legal practitioners in the field, Gender and War offers a unique and multi-disciplinary insight into contemporary understandings of conflict and explores the potential for international and transitional justice processes to evolve in order to better acknowledge diverse and gendered experiences of modern conflicts.
 
This book provides the reader with international and interdisciplinary perspectives on issues of international law, conflict, gender and transitional justice. (Summary from Intersentia)
 
Introduction (p.1)
 
Part I. Women's Involvement in Armed Conflict
              How and Why Women Participate in Armed Conflict (p.9)
​              Female Perpetrators in the Fromer Yugoslav Republic and Rwanda (p. 41)
​              Female War Crime Perpetrators in Bosnia and Herzegovina (p. 65)
 
Part II. Men and Children's Experiences of Armed Conflict
​              Towards a Gender Analysis of Sexual Violence Against Men and Boys in Conflict (p. 93)
​              Children and Armed Conflict (p. 119)
 
Part III. Gendered Expereiences of International Criminal Justice
​              Gender, Enslavement and War Economies in Sierra Leone (p. 145)
​              Male Victims and Female Perpetrators of Sexual Violence in Conflict (p. 169)
​              Prosecuting Sexual and Gender-Based Crimes in the International Criminal Court (p. 209)
​              Reparations for Gendered Harms at the International Criminal Court (p. 235)
 
Part IV. Gendered Experiences of Transitional Justice
​              Children in Transitional Justice Processes (p. 259)
​              Conflict-Related Sexual Violence in Kosovo (p. 285)
​              Staying the Course (p. 311)
 
Part V. Conclusions
​              Conclusions (p. 353)
 

Topics: Armed Conflict, Conflict, Economies, War Economies, Gender, Gender-Based Violence, International Law, Justice, Transitional Justice, War Crimes, Post-Conflict, Sexual Violence, Female Perpetrators, SV against Men Regions: Africa, Central Africa, East Africa, West Africa, Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Kosovo, Rwanda, Sierra Leone, Yugoslavia (former)

Year: 2019

Masculinity, Post-Conflict Police Reform & Gender-Based Violence in Northern Ireland & Bosnia Herzegovina

Citation:

Melia, Jan. 2018. "Masculinity, Post-Conflict Police Reform & Gender-Based Violence in Northern Ireland & Bosnia Herzegovina." PhD diss., University of Aberdeen.

Author: Jan Melia

Abstract:

This dissertation aims to examine masculinities and transitional police reform, considering policy and processes, and investigating the policing of gender-based violence in post-war societies. Drawing upon current feminist theory in the field of transitional justice, it focuses on masculinities in formal post-conflict police reform processes, an area that has been much under-researched in the academic literature. More specifically, the dissertation examines international processes focused on police reform advocacy relating to gender-sensitive reform, and local level police reform relating to gender-based violence (GBV). To examine local level reforms, two post-conflict case sites, Bosnia Herzegovina (BiH), and Northern Ireland (NI) were selected for investigation. My research understands gender as a discursive construct and investigates the gendered conceptions built into police reform policy, process, and practice. How these conceptions come to be part of police reform texts and how they manifest in post-conflict policing responses to gender-based violence (GBV) is the focus of the dissertation. Overall, my research identifies masculinity as an unstated norm in police reform, and case study findings indicate that hegemonic masculinities shape police reform policy and practice relating to GBV in particular ways, reiterating conventional gender norms, and limiting the potential for transformative change. Findings suggest that current reforms in post-conflict transitions contribute to, and constitute a process of remasculinisation.

Keywords: masculinity, police, police administration, women

Topics: Feminisms, Gender, Masculinity/ies, Gender-Based Violence, Justice, Transitional Justice, Post-Conflict, Security Sector Reform Regions: Europe, Balkans, Eastern Europe, Northern Europe Countries: Bosnia & Herzegovina, United Kingdom

Year: 2018

Human Rights Frameworks and Women's Rights in Post-Transitional Justice Sierra Leone

Citation:

Lahai, John Idriss, and Nenneh Lahai. 2018. "Human Rights Frameworks and Women's Rights in Post-Transitional Justice Sierra Leone." In Gender in Human Rights and Transitional Justice, edited by John Idriss Lahai and Khanyisela Moyo, 143-74. Cham: Palgrave Macmillan.

Authors: John Idriss Lahai, Nenneh Lahai

Abstract:

The end of transitional justice in Sierra Leone coincided with an increase in women’s human rights activism. Reasons for this included an increase in the level of sexual and gender-based violence (SGBV), and the ineffectiveness and insensitivity of the human rights laws of the country. To the women’s rights activists, SGBV and its associated inequalities before the law, irrespective of the context, were incompatible with the universal tenets of human rights. Within the purview of feminist legal theory, women’s rights were understood to be not just about the codification of rights and responsibilities (see Bunch, 1995; Manjoo, 2012; Quraishi, 2011), but also about recognizing the familial, social, cultural, political, and economic ramifications of gender inequality on the incidence of violence and discrimination experienced by women who seek redress from, or are in conflict with, the law (Banda & Joffe, 2016; Lockwood, 2006; Reilly, 2009). This theory also understands, in context-neutral terms, women’s rights to be about the reconfiguration of the institutions and policies created to protect the inalienable rights and agency of women.

Keywords: human rights, transitional justice, violence against women (VAW), Sierra Leone Police, sexual and gender-based violence (SGBV)

Topics: Feminisms, Gender, Women, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Justice, Transitional Justice, Rights, Human Rights, Women's Rights, Sexual Violence, Violence Regions: Africa, West Africa Countries: Sierra Leone

Year: 2018

Transnational Justice

Citation:

Trent, Carol L. 2019. "Transnational Justice." In The Encyclopedia of Women and Crime, edited by Frances P. Bernat and Kelly Frailing. Hoboken, NJ: John Wiley & Sons, Inc.

Author: Carol L. Trent

Abstract:

Transnational justice is the judicial and nonjudicial response used by societies to address widespread human rights violations, mass atrocities, or other forms of collective trauma. In nations transitioning from autocratic regimes, those emerging from periods of civil conflict and war, and those coming to terms with large‐scale violations of international law, these processes help societies reestablish the rule of law, hold perpetrators accountable and bring justice to victims, and heal communities through reconciliation. Addressing gender justice is a key facet of the transnational justice, since women and girls are particularly vulnerable to human rights abuses, including sexual and gender‐based violence (SGBV).

Keywords: human rights, international law, transitional justice, transnational justice, war crimes

Topics: Gender, Women, Girls, Gender-Based Violence, International Law, Justice, Transitional Justice, Rights, Human Rights, Sexual Violence

Year: 2019

Sexual and Gender-Based Violence: The Case for Transformative Justice in Cambodia

Citation:

Szablewska, Natalia, and Olga Jurasz, 2018. "Sexual and Gender-Based Violence: The Case for Transformative Justice in Cambodia." Global Change, Peace & Security 31 (3): 263-82.

Authors: Natalia Szablewska, Olga Jurasz

Abstract:

This article aims to advance the idea of transformative justice by building on and expanding the notion of ‘justice’ beyond that traditionally offered by transitional justice discourse and practice. The need for a paradigm shift is warranted by the continued high levels of sexual and gender-based violence (SGBV), directed predominantly towards women, experienced in post-conflict contexts. Using the example of Cambodia, we argue that the scale of SGBV in a post-conflict country can be an indicator of the extent of ‘transformative’ change taking place, and, thus, of the success of transitional justice processes and democracy consolidation, particularly regarding gender equality. Gender equality is essential for democratisation, as democracy should be both a political and a social project. Thus, democracy- and peace-building efforts require challenging entrenched power hierarchies and deep-rooted gender inequality, of which SGBV is symptomatic.

Keywords: transformative justice, 'transitional justice', sexual and gender-based violence, gender equality, Cambodia, democratisation

Topics: Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Justice, Transitional Justice, Peacebuilding, Post-Conflict, Sexual Violence, SV against Women Regions: Asia, Southeast Asia Countries: Cambodia

Year: 2018

Investigating Gender-Based Violence in Transitional Justice Context: The Case of Brazil

Citation:

Gabyshev, Vladimir, Galina Nelaeva, Natalia Sidorova, and Elena Khabarova. 2019. "Investigating Gender-Based Violence in Transitional Justice Context: The Case of Brazil." Latinskaia Amerika, no. 8, 35-46.

Authors: Vladimir Gabyshev, Galina Nelaeva, Natalia Sidorova, Elena Khabarova

Abstract:

The concept “transitional justice” is usually applied in the context of post-conflict resolution or transition from authoritarian regime to democracy. There is a whole range of various judicial and non-judicial mechanisms that are applied in the process of transitional justice that may include lustration, public apology, restitution of property, as well as formal judicial processes. Among the instruments of transitional justice are truth commissions (truth and reconciliation commissions). This article examines the activities of Brazilian National Truth Commission (2011) with a view to examine the gender dimension of its work. It is no secret that gender-based violence in the post-conflict settings often remains an overlooked phenomenon.

Keywords: transitional justice, truth and reconciliation commissions, gender-based violence, reconciliation

Topics: Gender, Gender-Based Violence, Justice, Transitional Justice, TRCs, Post-Conflict Regions: Americas, South America Countries: Brazil

Year: 2019

Mainstreaming Gender in European Union Transitional Justice Policy: Towards a Transformative Approach?

Citation:

de Almagro, Maria Martin. 2019. "Mainstreaming Gender in European Union Transitional Justice Policy: Towards a Transformative Approach?" In Gender Roles in Peace and Security, edited by Manuela Scheuermann and Anja Zurn, 149-64. Cham, Switzerland: Springer.

Author: Maria Martin de Almagro

Abstract:

The European Parliament awarded its prestigious Sakharov Prize in October 2016 to two Iraqi Yazidi women who were held as sex slaves by Islamic State militias. Some months before, the ICC issued its landmark conviction of Jean Pierre Bemba for his responsibility as commander-in-chief for sexual and gender-based violence carried out by his troops in the Central African Republic in May 2016. Both events are evidence of the increasing awareness at the EU, and internationally, of the need to amplify women’s experiences of violence and their claims to justice. In Guatemala, for example, a court recently convicted two former military officers of crimes against humanity for having enslaved, raped and sexually abused 11 indigenous Q’eqchi’ women at the Sepur Zarco military base during the armed conflict in Guatemala.

Topics: Armed Conflict, Gender, Women, Gender Mainstreaming, Gender-Based Violence, International Law, International Criminal Law, International Organizations, Justice, Crimes against Humanity, Transitional Justice, Military Forces & Armed Groups, Militias, Sexual Violence, Rape, Sexual Exploitation and Abuse, Violence Regions: Africa, MENA, Central Africa, Americas, Central America, Asia, Middle East, Europe Countries: Central African Republic, Guatemala, Iraq

Year: 2019

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