- The Oxford Handbook of Gender and Conflict
- Dedication
- Foreword I
- Foreword II
- Acknowledgments
- Editors and Contributors
- Introduction: Mapping the Terrain: Gender and Conflict in Contemporary Perspective
- Theories of War
- From Women and War to Gender and Conflict?: Feminist Trajectories
- The Silences in the Rules That Regulate Women during Times of Armed Conflict
- How Should We Explain the Recurrence of Violent Conflict, and What Might Gender Have to Do with It?
- The Gendered Nexus between Conflict and Citizenship in Historical Perspective
- Violent Conflict and Changes in Gender Economic Roles: Implications for Post-Conflict Economic Recovery
- Victims Who are Men
- Women, Peace, and Security: A Critical Analysis of the Security Council’s Vision
- Participation and Protection: Security Council Dynamics, Bureaucratic Politics, and the Evolution of the Women, Peace, and Security Agenda
- A Genealogy of the Centrality of Sexual Violence to Gender and Conflict
- 1325 + 17 = ?: Filling in the Blanks of the Women, Peace, and Security Agenda
- Complementarity and Convergence?: Women, Peace and Security and Counterterrorism
- Unlocking the Potential of CEDAW as an Important Accountability Tool for the Women, Peace and Security Agenda
- The Promise and Limits of Indicators on Women, Peace and Security
- Humanitarian Intervention and Gender Dynamics
- (Re)Considering Gender Jurisprudence
- Complementarity as a Catalyst for Gender Justice in National Prosecutions
- Forced Marriage during Conflict and Mass Atrocity
- Advancing Justice and Making Amends Through Reparations: Legal and Operational Considerations
- Colonialism
- Conflict, Displacement, and Refugees
- Gender and Forms of Conflict: The Moral Hazards of Dating the Security Council
- The Martial Rape of Girls and Women in Antiquity and Modernity
- “Mind the Gap”: Measuring and Understanding Gendered Conflict Experiences
- Intersectionality: Working in Conflict
- Agency and Gender Norms in War Economies
- Risk and Resilience: The Physical and Mental Health of Female Civilians during War
- The Gender Implications of Small Arms and Light Weapons in Conflict Situations
- Unmanned Weapons: Looking for the Gender Dimensions
- Gender and Peacekeeping
- Peacekeeping, Human Trafficking, and Sexual Abuse and Exploitation
- Women, Peace Negotiations, and Peace Agreements: Opportunities and Challenges
- Women’s Organizations and Peace Initiatives
- Gender and Disarmament, Demobilization, and Reintegration: Reviewing and Advancing the Field
- Decolonial Feminism, Gender, and Transitional Justice in Latin America
- Gender and Governance in Post-Conflict and Democratizing Settings
- Who Defines the Red Lines?: The Prospects for Safeguarding Women’s Rights and Securing Their Future in Post-Transition Afghanistan
- “That’s Not My Daughter”: The Paradoxes of Documenting Jihadist Mass Rape in 1990s Algeria and Beyond
- Consequences of Conflict-Related Sexual Violence on Post-Conflict Society: Case Study of Reparations in Bosnia and Herzegovina
- Colombia: Gender and Land Restitution
- Knowing Masculinities in Armed Conflict?: Reflections from Research in the Democratic Republic of Congo
- Northern Ireland: The Significance of a Bottom-Up Women’s Movement in a Politically Contested Society
- Gendered Suffering and the Eviction of the Native: The Politics of Birth in Occupied East Jerusalem
- Rwanda: Women’s Political Participation in Post-Conflict State-Building
- Sri Lanka: The Impact of Militarization on Women
- Index
Abstract and Keywords
This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses on the concept of complementarity to show the ICC’s potential for reform and to catalyze the prosecution of international crimes (genocide, crimes against humanity and war crimes). It then describes the ICC’s broader approach to sexual violence and gender, as well as the domestic impact of this jurisprudence. The chapter concludes by suggesting that the Rome Statute’s standards should be introduced into national law. This could create broader benefits for women and victims of sexual and gender-based violence beyond the prosecution of criminal perpetrators.
Keywords: sexual violence, gender-based violence, International Criminal Court, Rome Statute, international crimes, complementarity
Amrita Kapur is an independent consultant and the former Senior Associate in the Gender Justice Program at the International Center for Transitional Justice in New York, where she focused on the gender dimensions of measures such as truth-seeking, criminal prosecutions, reparations, and institutional reform. She lectures at New York University, and previously at the Faculty of Law at the University of New South Wales in Australia. Previously she worked on gender justice issues in Timor-Leste, Mozambique, Tanzania, Colombia, Guinea, Uganda, Democratic Republic of Congo, and Kenya; and has practiced domestic and international criminal law. Amrita holds psychology and law degrees, and an LL.M in International Legal Studies from New York University. She is completing a PhD on the ICC’s potential to catalyze national prosecutions for international crimes of sexual violence, including field research in Colombia and Guinea.
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- The Oxford Handbook of Gender and Conflict
- Dedication
- Foreword I
- Foreword II
- Acknowledgments
- Editors and Contributors
- Introduction: Mapping the Terrain: Gender and Conflict in Contemporary Perspective
- Theories of War
- From Women and War to Gender and Conflict?: Feminist Trajectories
- The Silences in the Rules That Regulate Women during Times of Armed Conflict
- How Should We Explain the Recurrence of Violent Conflict, and What Might Gender Have to Do with It?
- The Gendered Nexus between Conflict and Citizenship in Historical Perspective
- Violent Conflict and Changes in Gender Economic Roles: Implications for Post-Conflict Economic Recovery
- Victims Who are Men
- Women, Peace, and Security: A Critical Analysis of the Security Council’s Vision
- Participation and Protection: Security Council Dynamics, Bureaucratic Politics, and the Evolution of the Women, Peace, and Security Agenda
- A Genealogy of the Centrality of Sexual Violence to Gender and Conflict
- 1325 + 17 = ?: Filling in the Blanks of the Women, Peace, and Security Agenda
- Complementarity and Convergence?: Women, Peace and Security and Counterterrorism
- Unlocking the Potential of CEDAW as an Important Accountability Tool for the Women, Peace and Security Agenda
- The Promise and Limits of Indicators on Women, Peace and Security
- Humanitarian Intervention and Gender Dynamics
- (Re)Considering Gender Jurisprudence
- Complementarity as a Catalyst for Gender Justice in National Prosecutions
- Forced Marriage during Conflict and Mass Atrocity
- Advancing Justice and Making Amends Through Reparations: Legal and Operational Considerations
- Colonialism
- Conflict, Displacement, and Refugees
- Gender and Forms of Conflict: The Moral Hazards of Dating the Security Council
- The Martial Rape of Girls and Women in Antiquity and Modernity
- “Mind the Gap”: Measuring and Understanding Gendered Conflict Experiences
- Intersectionality: Working in Conflict
- Agency and Gender Norms in War Economies
- Risk and Resilience: The Physical and Mental Health of Female Civilians during War
- The Gender Implications of Small Arms and Light Weapons in Conflict Situations
- Unmanned Weapons: Looking for the Gender Dimensions
- Gender and Peacekeeping
- Peacekeeping, Human Trafficking, and Sexual Abuse and Exploitation
- Women, Peace Negotiations, and Peace Agreements: Opportunities and Challenges
- Women’s Organizations and Peace Initiatives
- Gender and Disarmament, Demobilization, and Reintegration: Reviewing and Advancing the Field
- Decolonial Feminism, Gender, and Transitional Justice in Latin America
- Gender and Governance in Post-Conflict and Democratizing Settings
- Who Defines the Red Lines?: The Prospects for Safeguarding Women’s Rights and Securing Their Future in Post-Transition Afghanistan
- “That’s Not My Daughter”: The Paradoxes of Documenting Jihadist Mass Rape in 1990s Algeria and Beyond
- Consequences of Conflict-Related Sexual Violence on Post-Conflict Society: Case Study of Reparations in Bosnia and Herzegovina
- Colombia: Gender and Land Restitution
- Knowing Masculinities in Armed Conflict?: Reflections from Research in the Democratic Republic of Congo
- Northern Ireland: The Significance of a Bottom-Up Women’s Movement in a Politically Contested Society
- Gendered Suffering and the Eviction of the Native: The Politics of Birth in Occupied East Jerusalem
- Rwanda: Women’s Political Participation in Post-Conflict State-Building
- Sri Lanka: The Impact of Militarization on Women
- Index
