Conflict-Related Gender-Based Violence in Mali and the Limits of the Global System of Law

Abstract

De Jorio examines some of the limits of the global system of law in addressing the dramatic increase in gender-based violence in Mali since the 2012 political and security crisis. The global system of law is the legal regime promulgated by UN agencies and human rights organizations, which is intended to shape legal reforms at the national level in order to eliminate all forms of discrimination against women and to promote women’s rights and wellbeing. Despite national and international efforts to implement anti-discriminatory legislation and prosecute perpetuators of violence, such institutional efforts have mostly been ineffective. This article identifies some of the current problems with the global system of law, relating to the narrow scale of the geopolitical analysis and the attempted reduction of culture to ahistorical “customs.” It begins to explore some of the opportunities afforded by transitional justice systems such as the TJRC in accommodating Malian citizens’ demands for historical clarification and justice.