(In)Compatible Visions of Justice? Personal Culpability and Gender Justice at the ICC

Abstract

AbstractAlthough the International Criminal Court (ICC) has been heralded as a success story for gender justice, in practice prosecutions of sexual and gender-based crimes (SGBC) have often ended with acquittal at the court. Gender studies in international relations explain the lack of successful SGBC prosecutions by looking to the influence of older gender biases in international law, which preclude the successful implementation of the novel Rome Statute provisions criminalizing SGBC. This article suggests that “forgetting” the gender justice norm insufficiently explains the outcome of the ICC's SGBC prosecutions. The article argues that ICC judges “remembered” another norm of criminal justice, long forgotten in international trials – strict compliance with the personal culpability principle – which has resulted in tension between different visions of justice in the court's practice: delivering substantive justice for SGBC victims v. safeguarding the defendant's rights by upholding criminal law principles.