Global Justice Center Blog

Advancing the Legal Enforcement of SCR 1325: Structural and Political Obstacles Imposed by the United Nations

The passage of United Nations Security Council Resolution 1325 (SCR 1325) in 2000 was a legal milestone for women’s rights to equality and non-discrimination. For the first time the UN Security Council not only recognized the gender-biased impact of internal or country conflict,  it also mandated that the UN itself and all member states erect and monitor enforceable protections from such gender-based violence. However, there is still an urgent need to address:

  • The lack of any systematic progress towards parity for women as decision-makers in UN sponsored and other peace negotiations;
  • The failure to recognize SCR 1325 as a binding international law, particularly, as applicable to transitional justice processes;
  • The total exclusion of women stakeholders from such pariah states as Burma who are forced to operate only in exile and because of their difficult legal status are prevented from travel and access to critical  INGO and UN networking;
  • The discrimination against women survivors/victims of conflict from certain countries like Iraq where the politicized nature of the conflict has led to such actions as the de facto UN “blacklisting”, stopping any UN  support to the war crimes tribunal or to women victims of gender crimes under the Saddam regime;
  • The absence of any penalties or sanctions for repeated violations of SCR 1325 or country funding conditions based on compliance in country action plans.

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The Use of CEDAW to Invalidate Discriminatory Laws and Promote Gender Equality

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) defines discrimination against women and requires states not only to prohibit discrimination but also to take affirmative steps in order to achieve gender equality.  The Convention is legally binding upon States that have ratified the Convention and any laws in violation of CEDAW must be struck down.

CEDAW has been used to support affirmative action policies and programs as well as to strike down laws that are in violation of the Convention.  These cases carry significant import: the application of CEDAW in domestic courts gives CEDAW legitimacy globally and reinforces the principal that domestic courts are bound by international treaties such as CEDAW.

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Criminal Accountability for Heinous Crimes in Burma: A Joint Project of the Global Justice Center and the Burma’s Lawyer’s Council

The Global Justice Center and the Burma Lawyers' Council publish, in a joint project, this fact sheet on criminal accountability for heinous crimes in Burma.

This fact sheet gives information on the project on criminal accountability, and states that the Security Council should end the impunity accorded the Burmese military junta for crimes perpetrated against the people of Burma, as well as establish an Independent Commission of Inquiry. The fact sheet also explains the Security Council's Obligation to Act under Chapter VII.

 

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Iraqi Women's Rights and International Law

The Women’s Alliance for a Democratic Iraq (WAFDI) and the Global Justice Center (GJC) jointly organized a three-day conference on women’s rights and international law November 13th – 15th at the Dead Sea, Jordan.  Attendees included twenty members of the Iraqi High Tribunal (IHT) and representatives from the President’s office, the Prime Minister’s office, the Parliament, the Ministry of Human Rights as well as prominent members of civil society.  The conference addressed a crucial subject for women in Iraq: sexual violence, as a war crime, a crime against humanity and an instrument of genocide, and its drastic impact on the victims.  This issue was addressed in the context of international law and its role in the IHT, with an eye towards having the IHT address these crimes in its upcoming indictments and judgments.

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Historic Gender Training for the Iraqi High Tribunal Judges and Women Leaders at the Dead Sea

FOR IMMEDIATE RELEASE–December 7, 2006

[JORDAN] From November 13-15, 2006, the Global Justice Center (GJC), a new iNGO based in New York provided the first training on international law and gender for 20 Iraqi High Tribunal (IHT) judges and 10 women leaders from Iraq. The training, which took place in Jordan, was requested by Iraqi women leaders and the IHT Judges to inform the Tribunal’s rulings on gender violence used by the Baathist regime as a weapon of war as well as the Tribunal’s specific obligation to reach out to women and ensure justice to all Iraqis as the proceedings move ahead. Until now, there have been no indictments brought on sexual violence. The IHT Judges have, however, taken testimony from rape victims and have pledged to use international law in their opinions on these cases.

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