Excerpt of Just Security article by GJC President Akila Radhakrishnan and GJC Legal Advisor Danielle Hites.
Over the last 30 years, the world has seen progress, largely due to feminists, in delivering justice for gender-based crimes — particularly sexual violence. However, most of this progress has relied on retrofitting gender-specific experiences into pre-existing legal frameworks that didn’t care much for gender. Take, for example, the International Criminal Tribunal for Rwanda’s groundbreaking finding of rape as an act of genocide in the Akayesu case, or much of the jurisprudence out of the International Criminal Tribunals for Rwanda and the former Yugoslavia related to sexual violence, including finding rape as a form of torture. These precedents were built on gendered readings of crimes whose definitions make no explicit reference to sexual or gender-based violence.
The Rome Statute that created the International Criminal Court (ICC) was certainly an improvement on the Genocide and Geneva Conventions in its explicit codification of sexual and gender-based crimes. But the last 20 years of the Court’s practice have also shown its limitations, with only two standing convictions for sexual and gender-based crimes.
Given this track record, a new convention on crimes against humanity could be a gamechanger for the effective prevention and prosecution of gender-based crimes.