Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice

Kirsten Campbell

doi:10.1017/s2398772300009077

Abstract

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?

Highlights

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals.[1]
Sexual violence has not been appropriately described in charging in some cases, while in others it has not been accurately qualified as the appropriate offence
The fragmented approach of criminal and civil justice policies to sexual violence and gender-based crimes in Rwanda and the former Yugoslavia has been damaging for survivors of these crimes and for these postconflict societies. These legacies of the Tribunals show the necessity of linking international criminal justice to national prosecutions of gender-based and sexual violence crimes

Summary

Introduction

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals.[1]. These legacies of the Tribunals show the necessity of linking international criminal justice to national prosecutions of gender-based and sexual violence crimes.

Results

Conclusion