scholarly journals “Or any other similar criteria”: Towards advancing the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict

2021 ◽  
pp. 1-23
Author(s):  
Vaughn Rossouw
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Armed Conflict ◽  
General Rule ◽  
Vienna Convention ◽  
Gender Based Violence ◽  
Geneva Conventions ◽  
Treaty Interpretation ◽  
Gender Based ◽  
And Gender

Abstract Discrimination and sexual and gender-based violence committed against lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) detainees remains one of the most pressing contemporary humanitarian challenges. This article focuses on the interpretation of the phrase “or any other similar criteria” as contained in Article 3 common to the four Geneva Conventions, upon which adverse distinction is prohibited, in order to qualify sexual orientation and gender identity as prohibited grounds of adverse distinction. The interpretation of “or any other similar criteria” will be embarked upon by employing the general rule of treaty interpretation provided for in the Vienna Convention on the Law of Treaties, so as to qualify sexual orientation and gender identity as “any other similar criteria” and ultimately to realize the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict.

scholarly journals Rebuilding Bridges: Toward a Feminist Research Agenda for Postwar Reconstruction

2017 ◽  
Vol 13 (04) ◽  
pp. 715-721 ◽  
Author(s):  
Suzanne Bergeron ◽  
Carol Cohn ◽  
Claire Duncanson
Keyword(s):  
Political Economy ◽  
Armed Conflict ◽  
Research Agenda ◽  
International Political Economy ◽  
Security Studies ◽  
Gender Based Violence ◽  
Postwar Reconstruction ◽  
Gender Based ◽  
And Gender ◽  
Political Economic

As feminists who think about war and peacebuilding, we cannot help but encounter the complex, entwined political economic processes that underlie wars’ causes, their courses, and the challenges of postwar reconstruction. For us, then, the increasing academic division between feminist security studies (FSS) and feminist (international) political economy (FPE/FIPE) has been a cause for concern, and we welcomed Politics & Gender’s earlier Critical Perspectives section on efforts to bridge the two (June 2015). We noticed, however, that although violence was addressed in several of the special section's articles, war made only brief and somewhat peripheral appearances, and peacebuilding was all but absent. While three contributions (Hudson 2015; Sjoberg 2015; True 2015) mentioned the importance of political economy in the analysis of armed conflict, the aspects of war on which the articles focused were militarized sexualities (Sjoberg 2015) or conflict-related and postwar sexual and gender-based violence (Hudson 2015; True 2015).

Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

2011 ◽  
Vol 4 (1) ◽  
pp. 85-122
Author(s):  
Evelyn W. Kamau
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender ◽  
Perceived Challenge ◽  
Constituent Elements

AbstractThe increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.

scholarly journals Examining the Appropriateness of Gender-Inclusion as a Humanitarian Response Mechanism for Conflict-Related Sexual Violence against Men

2020 ◽  
Vol 2 (3) ◽  
pp. 35-41
Author(s):  
Catherine Akurut
Keyword(s):  
Sexual Violence ◽  
Armed Conflict ◽  
Gender Based Violence ◽  
Secondary Sources ◽  
Humanitarian Response ◽  
Conflict Settings ◽  
Gender Inclusion ◽  
Gender Based ◽  
And Gender ◽  
Gender Specific

This review examines the appropriateness of including men within the existing sexual and gender-based violence programming in armed conflict settings rather than providing services explicitly designed to address their needs. A central premise of the paper is that men experience sexual violence differently to women and that the way they seek help also varies. This gender-specific difference calls into question why humanitarian organisations pursue a ‘gender-inclusion’ approach, which simply extends services designed for women to men. There is a need to reconsider this approach, and specifically its implementation. The paper reviews relevant secondary sources and argues that current practices of sexual and gender-based violence programming fail to translate into actionable responses suited for and sensitive to men.

Women Controlling Arms, Building Peace

2018 ◽  
pp. 539-552
Author(s):  
Jasmin Nario-Galace
Keyword(s):  
Armed Conflict ◽  
Action Plan ◽  
Arms Control ◽  
The Philippines ◽  
Conflict Prevention ◽  
Gender Based Violence ◽  
Peace Agreements ◽  
Peace And Security ◽  
Gender Based ◽  
And Gender

Gun proliferation and violence is an issue of concern in the Philippines. Rape and other forms of sexual and gender-based violence often occur at gunpoint. This chapter explores the benefits of linking arms control and the Women, Peace, and Security (WPS) agendas. Drawing on data sourced from the author’s experience in formulating and implementing the NAP, this chapter suggests that integrating arms control in the National Action Plan (NAP) on WPS helps strengthen lobbying for engendered arms-related policies. Moreover, it argues that acknowledging the importance of arms control in the NAP secures resources and enables women in armed conflict areas to share knowledge on issues such as conflict prevention and conflict resolution. Finally, this chapter concludes that linking arms control and WPS agendas creates a dialogue between women and gun wielders in areas with high rates of gun violence and revitalizes the call to peace negotiators to integrate arms control in peace agreements.

scholarly journals A Feminist Perspective and the Challenge of Post Conflict Development in Africa

2018 ◽  
pp. 19-36
Author(s):  
Mashood Omotosho
Keyword(s):  
Armed Conflict ◽  
Peace Building ◽  
Gender Based Violence ◽  
Peace Negotiations ◽  
Religious Conflicts ◽  
Post Conflict ◽  
Women's Participation ◽  
Participation Of Women ◽  
Gender Based ◽  
And Gender

In the last two decades, Africa has witnessed series of wars and ethno-religious conflicts with devastating impact on women. Various atrocities against women have been recorded during these conflicts and these developments have created a dangerous dimension against non-combatant women in the continent. In an attempt to resolve the conflict and armed conflict on women in the areas of sexual and gender-based violence, series of peace missions and peace building mechanism were put in place. Despite the various peace negotiations, evidence has shown that women are largely absent from formal peace negotiations and their voices are not heard both at local and continental levels especially within the modern-day challenges and post conflict development. In fact, the transformation agenda of post-conflict peace negotiations routinely failed to consider the gendered causes and consequences of armed conflict and post-conflict reconstruction. It is against this backdrop that this paper attempts to reassess the ambivalent role of women in conflict management in Africa. More importantly, the paper argues that there is need to increase women’s participation in peace talks, planning of demilitarisation, demobilisation and reintegration (DDR) and determining governance and security structures, especially in conflict prone areas. Ultimately, the paper seeks to also identify challenges hindering the role and the participation of women in post conflict development in Africa.

scholarly journals Now You See Me? The Visibility of Trans and Travesti Experiences in Criminal Procedures

2020 ◽  
Vol 8 (3) ◽  
pp. 266-277
Author(s):  
Lorena Sosa
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Criminal Law ◽  
Justice System ◽  
Hate Crime ◽  
Criminal Code ◽  
Hate Crimes ◽  
Feminist Movement ◽  
Gender Based Violence ◽  
Gender Based

In 2012, after decades of trans and travesti activism in Argentina, the law on gender identity was finally adopted. Travesti activists Diana Sacayán and Lohana Berkins were at the forefront of these efforts. The same year, after the long struggle of the feminist movement, ‘femicide,’ understood as the murder of women by men in the context of gender-based violence, was incorporated into the Criminal Code as aggravated murder. This legal amendment also criminalized hate crime based on the sexual orientation or gender identity of the victim. Mobilized by Sacayán’s murder in 2015, the trans and travesti collective sought to make the experiences of exclusion and marginalization of the travesti collective visible by coining the notion of ‘travesticide,’ and demanded it to be used in the ensuing criminal trial that followed her death. Constrained by the legal notions of femicide, gender-based violence, and hate crimes, the Tribunal introduced ‘travesticide’ in their decision, yet questions on how to properly operationalize this notion in criminal law remain. Each notion offers opportunities and poses difficulties in making the murder of travestis politically visible and accounted for. By a detailed analysis of the final judgment, this article reflects on the implications of the notions used in the trial and the possible lessons for future interactions with the criminal justice system.

Organizing Baristas in Halifax Cafes: Precarious Work and Gender and Class Identities in the Millennial Generation

2017 ◽  
Vol 45 (4-5) ◽  
pp. 485-500 ◽  
Author(s):  
Rachel K. Brickner ◽  
Meaghan Dalton
Keyword(s):  
Sexual Orientation ◽  
Nova Scotia ◽  
Gender Identity ◽  
Economic Analysis ◽  
Community Support ◽  
Gender And Sexuality ◽  
Young Workers ◽  
Structured Interviews ◽  
Gender Based ◽  
And Gender

In 2012–2015, baristas engaged in union drives at five cafes in Halifax, Nova Scotia. In a series of semi-structured interviews with participants in and supporters of these drives, it became clear that issues of gender, sexual orientation, and gender identity were critical in understanding why and how these union drives evolved: women and queer baristas experienced gender-based discrimination and marginalization at work; they were noted leaders in some of the drives and drew on activist networks to rally community support for the unionization effort. Finally, issues of gender and sexuality informed some of the baristas’ broader economic analysis. We argue that the barista union drive in Halifax illustrates a framework for understanding how gender, gender identity, and sexual orientation inform unjust experiences in precarious workplaces and strategies for confronting them. A gendered analysis of the barista union drives underscores the importance of organized labor’s outreach to young workers and, further, that engaging with workers with attention to intersectionality is an important organizational strategy.

scholarly journals Sexual and gender-based violence in areas of armed conflict: a systematic review of mental health and psychosocial support interventions

2013 ◽  
Vol 7 (1) ◽  
Author(s):  
Wietse A Tol ◽  
Vivi Stavrou ◽  
M Claire Greene ◽  
Christina Mergenthaler ◽  
Mark van Ommeren ◽  
...  
Keyword(s):  
Mental Health ◽  
Systematic Review ◽  
Armed Conflict ◽  
Psychosocial Support ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender
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