Chapter

International and Local Criminal Accountability for Gendered Violence

Fionnuala Ní Aoláin, Dina Francesca Haynes and Naomi Cahn

in On the Frontlines

Published in print November 2011 | ISBN: 9780195396645
Published online January 2012 | e-ISBN: 9780199918416 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195396645.003.0007
International and Local Criminal Accountability for Gendered Violence

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This chapter addresses the extent to which post-conflict accountability mechanisms including international criminal law norms and institutions attend to women’s experiences of violation, and how they can be improved by acknowledging and responding to women’s actual harms and injuries. In doing so, and corresponding to the increased emphasis on criminal accountability for violations of international human rights and humanitarian law norms, it focuses on the enforcement of sanctions for sexual violence and other forms of sex-based violation. It is acknowledged that there is an extraordinary tension inherent in the creation (and sometimes imposition) of international accountability and highly Westernized modes of legality in post-conflict societies. The bodies are often devoid of any interest or strategic support to buttress or rebuild domestic legal systems that may be in considerable disarray. The chapter affirms the importance of investing material and capacity-building resources into domestic legal systems, using the spurs provided by international criminal process.

Keywords: post-conflict accountability; international criminal law; violence against women; criminal accountability; human rights violations; sexual violence

Chapter.  10681 words. 

Subjects: Human Rights and Immigration

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