19 Justice Hassan Bubacar Jallow and Gender Justice in International Criminal Prosecutions

Author(s):  
Amrita Kapur

This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses on the concept of complementarity to show the ICC’s potential for reform and to catalyze the prosecution of international crimes (genocide, crimes against humanity and war crimes). It then describes the ICC’s broader approach to sexual violence and gender, as well as the domestic impact of this jurisprudence. The chapter concludes by suggesting that the Rome Statute’s standards should be introduced into national law. This could create broader benefits for women and victims of sexual and gender-based violence beyond the prosecution of criminal perpetrators.


Author(s):  
Jonneke Koomen

The International Criminal Court began its work in 2003. The Court’s founding treaty, the Rome Statute (1998), offers an unprecedented legal framework dedicated to ending impunity for sexual and gender-based violence in armed conflict. This chapter examines how the Rome Statute contributes to the Women, Peace, and Security agenda, paying particular attention to the Statute’s definitions of crimes, gender-sensitive rules, commitment to gender expertise, provisions for victim participation and reparations, and its framework for national implementation. Next, the chapter examines the difficulties faced by the Court in institutionalizing the Statute’s gender justice commitments during the first decade of its work, including challenges surrounding the prosecutor’s investigations, charging decisions, and the ICC’s first trials. The chapter points to efforts to strengthen the Court’s gender justice framework and notes the key role of advocates and NGOs in monitoring the Court’s gender justice commitments. The chapter’s concludes by considering ways that WPS advocates can support the Court’s work in challenging international political circumstances.


2011 ◽  
Vol 11 (3) ◽  
pp. 529-541 ◽  
Author(s):  
Laurie Green

AbstractWhile sexual and gender-based violence crimes are now prosecutable as war crimes, crimes against humanity, and acts of genocide, the Pre-Trial Chamber of the International Criminal Court recently declined to confirm cumulative charges for sexual and gender-based violence in Prosecutor v. Jean-Pierre Bemba Gombo. Born out of the historical tendency of international criminal tribunals to treat rape and sexual violence as secondary crimes, this paper argues that the International Criminal Court is far from achieving true gender justice, or from serving as a deterrent against sexual and gender-based violence crimes. This paper also argues that the ICC's failure in this regard risks undermining the very legitimacy of the Court.


Author(s):  
Rosemary Grey ◽  
Kcasey McLoughlin ◽  
Louise Chappell

Abstract To date, analyses of gender justice at the International Criminal Court (ICC) have focused primarily on critiques of, and shifts within, the Office of the Prosecutor. This article takes a different approach by focusing on the ICC’s judiciary. We being by arguing that state parties can and should do more than electing a balance of male and female judges – they can also ensure gender-sensitivity on the Bench by supporting candidates with expertise in gender analysis, and by backing judges who bring a feminist approach to their work once elected. Next, we explain the concept of the ‘feminist judgment-writing’ and suggest that this method offers a useful framework for embedding gender-sensitive judging at the ICC. To illustrate this argument, we highlight opportunities for ICC judges to engage in gender-sensitive judging in relation to interpreting the law, making findings of fact, and deciding procedural questions. The final section of the article discusses how best to institutionalize the practice of gender-sensitive judging at the ICC.


2017 ◽  
Vol 16 (5) ◽  
pp. 632-644
Author(s):  
M Davood Sokhanwar ◽  
Seyed Mahdi Sajjadi ◽  
Yahia Baiza ◽  
Mohsen Imani

This study examines women’s access to education (‘gender justice’) during the rule of the People’s Democratic Party of Afghanistan from 1978 to 1992, using a qualitative research methodology and discourse analysis at the operational level from the perspective of Laclau and Mouffe’s discourse theory. The data collected in this research were extracted from textual sources concerning the role of women in education in Afghanistan in the Marxist era: the importance of the data concerns an understanding of the intellectual and political atmosphere, particularly with regard to women’s education, in the government of the time. It is concluded that several factors contributed to the failure of the hegemonic discourse, despite intensive efforts made by Marxist government to realize hegemony and gender justice. Political agents, availability, credibility and exclusion, as elements of the hegemonic discourse, were evaluated and it is further concluded that these elements were unable to play an effective role in the discourse, as had been expected, and were gradually marginalized.


2013 ◽  
Vol 16 (4) ◽  
pp. 26-40
Author(s):  
Adesanya Ibiyinka Olusola

Feminist leadership is very important in theological education as it would seek to deconstruct stereotypical assumptions about women and gender in Christian theological traditions. Unfortunately, most of the theological schools in Nigeria do not have feminist as leaders. Five reasons why feminist leadership are needed in theological schools have been identified as, the bible teaching that women brought sin and death to the world, servant hood notion of women, scandal of particularity, male domination of ministries and theological methods and process that are full of stereotypes. All this does not provide women a unique opportunity to discover and develop their potential in the church and society. Also, women’s relevance and contributions can be hampered if not allowed to put in their optimum. To avoid this, the researcher suggests that theological education should not discriminate against any gender, but should work to bring about gender justice by involving the feminist leaders in theological education in Nigeria. It is hoped that by pursuing these steps, theological education in Nigeria would be preparing the way to sustainable development of the mission of Christ on earth.


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