(4) International Criminal Law and Gender Flashcards
main instrument covering ICL?
Rome Statute –> ICC –> ICC’s judgements legally binding
what does the Rome Statute target?
- targets individuals accused of war crimes/serious crimes
- crimes covered by RS always HR violations
- no individual complaint mechanism
What is the jurisdiction of the ICC?
(1) genocide
(2) CAH
(3) War crimes
(4) Aggression
Despite long history of SGBV in conflict, it has traditionally
been unrecognised in ICL
–> see eg lack of real accountability for SGBV in Nuremberg and Tokyo Tribunals
–> focus of GCs on motherhood and protection and family honour etc
In what tribunals was there greater recognition of sexual violence?
ICTY (1993-2017) and ICTR (1993-2015)
What sort of factor is gender in the context of conflict?
contextual factor –> affects, how and where violence occurs –> a key part of intersectionality (anyone can be a victim of sexual and gender based violence and/or a perpetrator) (often be victim and perpetrator eg, child soldiers)
Which case held that sexual assault can constitute acts of genocide
Akayesu (1998) - ICTR
In Furundžija (1998) he was found guilty of
committing/planning etc of crimes of sexual violence against Bosnian muslim women
What case recognized that rape could be used as an instrument of terror?
Kunarac et al (2002)
How does the RS recognise gender?
just as there being 2 genders - it’s the first intl doc to have a definition of gender! It’s definition reflects a compromise - some groups wanted gender in there to protect sexual minorities and others who just wanted men and women
what are gender based crimes?
crimes committed bc of people’s sex or gender - not necessarily sexual
sexual crimes are
crimes w a sexual aspect (ie rape)
Has there been a shift in the strategic approach of the ICC in respect of SGBV?
Yes, gender was a key priority in the 2nd chief prosecutor’s strategic plan
What did the case of Prosecutor v Simone Gbagbo represent?
- First warrant of arrest at ICC for a woman (2012)
- First accusation of a woman for SGBV at ICC (Charged with crimes against humanity of rape and other sexual violence)
- But: Prosecutor decided to withdraw application (2021) – nothing eventuated
rape is criminalised how maby times in the RS?
3 times, all for different situations
what ius. the first international document to have a definitoin of gender?
RS! reflects a compromise with its definition ( Some groups wanted gender in there to protect sexual minorities and others who just wanted men and women )
dif btw standing for and acting for
standing for is substantive representation (content) vs acting for, is descriptive (looks)
What is gender-persecution
- Crime against humanity of persecution on grounds of gender per art 7(1)(h) RS
- committed bc of sex characteristics and/or social constructs and criteria used to define gender
all persons can be subjected to gender persecution because
all persons have gender identities just as all persons have racial and ethnic identities.
Muthaura & Kenyatta (2011) ICC case concerned what
sexual based crimes - issue was whether forced circumcision of men constitutes sexual violence
In the pre-trial chamber in the Muthaura & Kenyatta (2011) ICC, what was said about forced circumcision of men
it wasn’t considered to be of a sexual nature oer the definition but instead as ‘an other inhumane act’ per art 7(1)(k) vs 7(1)(g)
In the 2012 pre-trial chamber in the Muthaura & Kenyatta (2011) ICC case what did the prosecutor conclude in respect of forced circumcision of men
to fall within art 7 - CAH (1)(g) being of a sexual nature, it has to be sexual nature –> prosecutor considered acts were not just attacks on sexual organs but on mens identities too
ICC chamber held: not every violent act targetig sexual parts is. anact of sexual violence –> acts were motivated by ethnic prejuudice and intended to demonstrate cultural superiority of one tribe over the other
