Reintegration of Female Rape Survivors: The Overlooked Priority of Transitional Justice in the Face of Mass Wartime Rape (original) (raw)
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FE Dergi, 2014
International law is dominated by the reproduction of gendered structures originating in the masculine nature of law. In respect of rape in armed conflicts the prescribed roles of men and women and the respective experiences they make severely limit subtantial reconciliation. In armed conflicts, men are considered decision-makers and fighters whereas women are regularly regarded as victims. Hence, their respective roles and experiences in post-conflict societies have constrained effective legal efforts. I will exemplify this by examining the masculine nature of the jurisprudence of the International Criminal Tribunal for Rwanda (ICTR). I propose that the ICTR case law illustrates the lack luster reconciliation efforts of the international community in response to rape crimes in armed conflicts and reproduces gender norms. By analyzing what happens to women in transitional justice mechanisms, I will address the question of whether rape survivors can find reconciliation.
Women as forgotten victims in the process of transitional justice and national reconciliation
2010
First and foremost, I would like to thank my Lord and Saviour, Jesus Christ who provided me with the necessary strength and courage to persevere despite times of weakness. I have truly learnt to understand that perseverance builds character and strengthens one's faith. To my parents, John and Cheryl Tromp and dear aunt, Sonia Newman who instilled the principle of hard work and serves as a constant source of encouragement to me. To my brothers and sisters, Ulreich, Lynne, Beauregard, Nadia, Carlisle, Imelda and Charné, I am so grateful to have such amazing people in my life whom I look up to and who have encouraged me to reach higher heights. To my nephews and nieces, Christian (my godson), Mishay, Qaim, Zorina, Ethan and Mika'il, your young lives have already brought so much joy into mine. My sincere prayer is that you too may seek justice in the choices that you make and have sincere benevolence for the plight of the vulnerable. I am indebted to Professor van der Poll who not only guided me in my research but also challenged me in my analytical thinking. Your constant encouragement, professionalism and passion is so evident and for that I am grateful. To all my colleagues at Projects Abroad, and friends who have encouraged me and accommodated me in various ways during the past two years, your support is appreciated more than words can say. Micah 6:8 reads, 'He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God'. Lastly, this research paper is dedicated to the countless women who have in the past and continue to be subjected to sexual violence. The research undertaken was particularly challenging knowing that women's status remains a low priority on the international agenda. It is through efforts within the academic field as well as on the grassroots level that change will come.
FORSAKEN NOT FORGOTTEN: HELPING MEASURES FOR THE VICTIMS OF GENDER CRIMES IN WAR
War takes its toll on combatants as well as civilians who are unfortunate enough to be caught between power struggles. Victims of Gender crimes were not given much attention earlier because of no proper definition of gender based crimes given in any convention or treaty. The Rome Statute explicitly defines gender-based violence as crimes against humanity and war crimes (Art. 7(g) & Art. 8.2xxii) which have focused the attention of world and international community upon the ghastly sexual and non-sexual crimes which take place upon men and women because of their gender. This essay outlines the trauma of violent crimes and its resultant scars on the victims as well as society and attempts to provide a humane perspective on the measures which need to be taken to help in rehabilitation of victims of gender crimes into the society.
Transitional Justice, Gender-Based Violence, and Women’s Rights
Human Rights in Africa
Although gender-based violence (GBV) in peace and wartime has been a central concern in feminist thought and practice, it was not taken seriously in national and international human rights law until recently. In recent decades, two primary developments have yielded significant progress toward addressing wartime GBV: the advancement of transitional justice mechanisms under national and international legal systems; and processes of institutionalizing women's rights in national, regional and international normative instruments, and public policy. Although these developments began as separate strains in human rights struggles, they have had a significant impact on the legal framework through which GBV can be-and has been-addressed in post-conflict reconstruction efforts.
Human Rights Review, 2015
In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.
Despite the proliferation of trauma and memory research in recent years, we know very little about the contribution of transitional justice mechanisms to psychological healing and societal reconciliation in the aftermath of genocide, armed conflict and politicized violence. Many scholars in this area have argued that the disclosure of traumatic experiences is beneficial to the psychological recovery process for survivors of gross human rights violations. This article critically examines this therapeutic assumption within a transitional justice paradigm. The article explores the potentials and limitations of international war crimes trials for victims of wartime sexual violence, focusing specifically on the International Criminal Tribunal for the former Yugoslavia (ICTY). The article provides a theoretical framework for analyzing the significance of testimony at international war crimes trials and raises some critical questions related to the psychological impact of trials. It is argued that due to the sheer diversity and heterogeneity of wartime rape victims, the experience of giving testimony is likely to be mixed: while some victims may suffer under the constraints of legal process, under the right circumstances, war crimes trials may help others to make sense of their suffering.