Wartime Rape and the International Criminal Court Tracing the Involvement of the Women’s Caucus for Gender Justice in Inte...
Disciplinal location <ul><li>Constructivist IR </li></ul><ul><li>Transnational Social Movement </li></ul><ul><li>Feminism ...
Conceptual grounding <ul><li>International norms </li></ul><ul><li>Transnational feminist movements (TFNs) </li></ul><ul><...
Focus <ul><li>Evolution of the international norm against wartime rape (i.e. war crime, crime against humanity, crime cons...
Significance in participating in the construction of the ICC <ul><li>historic opportunity to bring into being a gender-sen...
What do we know about wartime rape? <ul><li>Endemic in warfare   (e.g. Gottschall 2004; Askin 2003 & 1997; Gardam and Jarv...
Women’s Caucus as TFN <ul><li>Handful of women based in New York </li></ul><ul><li>Part of the Coalition for an Internatio...
Women’s Caucus as norm entrepreneur <ul><li>Political opportunity structures </li></ul><ul><li>- discursive spaces: UN wor...
Women’s Caucus as norm entrepreneur <ul><li>Political opportunity structures </li></ul><ul><li>- promotion of the rights o...
Women’s Caucus as norm entrepreneur <ul><li>Gender-centric principled belief </li></ul><ul><li>Strategies </li></ul><ul><l...
Framing the issue on wartime rape <ul><li>Critique of IHL: ‘outrages upon personal dignity’, ‘humiliating and degrading tr...
Cross-collaboration with other actors <ul><li>Like-minded states (e.g. Canada, New Zealand, Australia, EU) </li></ul>
Codification of Wartime Rape in the ICC <ul><li>Rome Statute </li></ul><ul><li>-  Crimes against Humanity,  Article 7(1)(g...
Codification of Wartime Rape in the ICC <ul><li>Elements of Crime (EOC) </li></ul><ul><li>- Article 6 (b),  Genocide by ca...
Some concluding thoughts...
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Wartime Rape and the ICC

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  • Prior to the negotiations on the ICC, a lot were happening internationally “as far as forms for women’s human rights advocacy at that time” --- UN conferences like the 1993 World Conference on Human Rights, the 1995 Beijing Conference on Women, the International Conference on Population and Development (ICPD), and the UNGA adoption of the UN Declaration on VAW. the Women’s Caucus capitalized on institutionalized mechanisms which opened the space for the participation of a growing a globalizing women’s movement in the international discursive arena. They drew their mandate from CEDAW --- a hard law on women’s human rights with the force of a treaty --- to exact state compliance to women’s human rights norms as well as to demand from international organizations their obligation to ensure gender equality in the crafting of new policies and institutions. At the same time, the Women’s Caucus built on the gains achieved by the women’s movement in the Vienna, Cairo, and Beijing conferences on women’s human rights. The outcome documents of these international conferences, although largely perceived as soft laws , nevertheless provided women’s groups the moral authority to demand actions from governments that have committed themselves to improving women’s lives. In this sense, these documents are seen as consensus documents which embody the strength of consensus of the international community even if they are not ‘hard core’ legal documents. In terms of engaging with international institutions, “people who formed the nucleus at the very beginning as what would become the Women’s Caucus advocacy” derived their experiences from and enhanced their expertise through these conferences. “Within the UN, the momentum existed and the ground was fertile for the integration of women’s perspectives/experiences into a formal international criminal justice mechanism like the ICC.”
  • Wartime Rape and the ICC

    1. 1. Wartime Rape and the International Criminal Court Tracing the Involvement of the Women’s Caucus for Gender Justice in International Norm Creation Open University 2009 University of Hildesheim 12 June 2009 Lourdes Veneracion-Rallonza (Miriam College, Philippines)
    2. 2. Disciplinal location <ul><li>Constructivist IR </li></ul><ul><li>Transnational Social Movement </li></ul><ul><li>Feminism </li></ul>
    3. 3. Conceptual grounding <ul><li>International norms </li></ul><ul><li>Transnational feminist movements (TFNs) </li></ul><ul><li>Norm entrepreneurs </li></ul>
    4. 4. Focus <ul><li>Evolution of the international norm against wartime rape (i.e. war crime, crime against humanity, crime constitutive of genocide) </li></ul><ul><li>Embodied in the universal atrocities regime of the ICC </li></ul><ul><li>Advanced by the Women’s Caucus for Gender Justice </li></ul>
    5. 5. Significance in participating in the construction of the ICC <ul><li>historic opportunity to bring into being a gender-sensitive international criminal justice institution which would provide justice for women caught in conflict situations </li></ul><ul><li>without the representation of women’s issues in the negotiation process, gender concerns would be completely absent in the statute and jurisprudence of the permanent court </li></ul><ul><li>“ the potentials of the court to enhance women’s advocacy for reforms in national legal systems, and as a last resort for women victims of crimes falling within the jurisdiction of the court” </li></ul>
    6. 6. What do we know about wartime rape? <ul><li>Endemic in warfare (e.g. Gottschall 2004; Askin 2003 & 1997; Gardam and Jarvis 2001; Charlesworth and Chinkin 2000; Wald 1997; Allen 1996; Niarchos 1995; Stiglmayer 1994; Chinkin 1994; Meron 1993; Wells 1984; Brownmiller 1975; Keen 1965) </li></ul><ul><li>Most common form of violence against women during armed conflict situations and thus, most common type of violation of women’s human rights in this context (e.g. Chriss 2004; Askin 2000) </li></ul><ul><li>Crime committed with impunity (e.g. Bedont 2000; Bedont and Martinez 1999) </li></ul><ul><li>Trivialized and mischaracterized in international humanitarian law (e.g. Dixon 2002, Ni Aolain 2000; Copelon 2000; Charlesworth 1999; Bassiouni 1999; Gardam 1997; Pratt and Fletcher 1994; Chinkin 1994; Anleu 1992; Kushalani 1982) </li></ul>
    7. 7. Women’s Caucus as TFN <ul><li>Handful of women based in New York </li></ul><ul><li>Part of the Coalition for an International Criminal Court (CICC) </li></ul><ul><li>Drew from alliances from previous women’s conferences </li></ul><ul><li>Feminist process </li></ul><ul><li>- consistent with feminist goals of democratic, inclusive, participatory, decentralized, and non-hierarchical structures and processes” (Moghadam 2005) punctuated by feminist standpoint, personal narratives, expertise, and credentials. </li></ul>
    8. 8. Women’s Caucus as norm entrepreneur <ul><li>Political opportunity structures </li></ul><ul><li>- discursive spaces: UN world conferences on women </li></ul><ul><li>- institutionalized mechanisms: CEDAW and consensus documents (i.e. Vienna and Beijing platforms for action) </li></ul>
    9. 9. Women’s Caucus as norm entrepreneur <ul><li>Political opportunity structures </li></ul><ul><li>- promotion of the rights of women at the regional level specifically, in Latin America and Europe (e.g. both European Court on Human Court on Human Rights and the Inter-American Commission on Human Rights recognized rape was constitutive of torture) </li></ul><ul><li>- Yugoslav and Rwandan conflicts; ICTY and ICTR legal precedents </li></ul>
    10. 10. Women’s Caucus as norm entrepreneur <ul><li>Gender-centric principled belief </li></ul><ul><li>Strategies </li></ul><ul><li>- outreach </li></ul><ul><li>- legal drafts </li></ul><ul><li>- lobbying </li></ul>
    11. 11. Framing the issue on wartime rape <ul><li>Critique of IHL: ‘outrages upon personal dignity’, ‘humiliating and degrading treatment’ </li></ul><ul><li>Violation of women’s human rights in conflict situations </li></ul><ul><li>Discrimination </li></ul><ul><li>Violence against women (VAW) in the context of war </li></ul>
    12. 12. Cross-collaboration with other actors <ul><li>Like-minded states (e.g. Canada, New Zealand, Australia, EU) </li></ul>
    13. 13. Codification of Wartime Rape in the ICC <ul><li>Rome Statute </li></ul><ul><li>- Crimes against Humanity, Article 7(1)(g) </li></ul><ul><li>- War Crimes , Article 8(2)(b)(xxii) & War Crimes , Article 8(2)(e)(vi) </li></ul>
    14. 14. Codification of Wartime Rape in the ICC <ul><li>Elements of Crime (EOC) </li></ul><ul><li>- Article 6 (b), Genocide by causing serious bodily or mental harm </li></ul><ul><li>- Article 7 (1)(g), Crime against humanity of rape </li></ul>
    15. 15. Some concluding thoughts...

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