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The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Campbell, Kirsten. 2007. The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia. The International Journal of Transitional Justice, 1(3), pp. 411-432. ISSN 1752-7716 [Article]

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Abstract or Description

Recent efforts to develop and implement progressive models of transitional justice have been significantly influenced by major developments in the law concerning sexual violence in armed conflict. In particular, the International Criminal Tribunal for the former Yugoslavia has pioneered accountability for sexual violence against women in armed conflict. This article takes the ICTY as a case study of how gender can structure the accountability mechanisms of transitional justice. The article analyses how legal norms and practices instantiate and reiterate, rather than transform, existing hierarchical gender relations. It considers the existing models of sexual violence as a criminal harm under international law, and then examines gendered patterns of legal practice in ICTY prosecutions. To address this engendering of transitional justice, the article produces a new model of the harm of sexual violence in conflict, suggests the development of a new international offence of sexual violence and generates different strategies for international prosecutions of sexual violence.

Item Type:

Article

Identification Number (DOI):

https://doi.org/10.1093/ijtj/ijm033

Keywords:

international criminal tribunal, yugoslavia, sexual violence, rape, war crime, gender, genocide, crimes against humanity, kunarac, brdanin, biljana plavsic, bassiouni report, justice,

Departments, Centres and Research Units:

Sociology
Sociology > Unit for Global Justice (UGJ)

Dates:

DateEvent
December 2007Published

Item ID:

2190

Date Deposited:

28 May 2009 09:54

Last Modified:

04 Jul 2017 14:35

Peer Reviewed:

Yes, this version has been peer-reviewed.

URI:

http://research.gold.ac.uk/id/eprint/2190

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