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https://theconversation.com/how-can-the-international-criminal-court-achieve-justice-for-women-263797>
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Review: Feminist Judgments: Reimagining the International Criminal Court –
edited by Kcasey McLoughlin, Rosemary Grey, Louise Chappell & Suzanne Varrall
(Cambridge University Press)
Some say the law / ought not to bend. // That it should be a neutral, /
certain thing. // But there are reasons / judgement and interpretation / are
bequeathed / to human / – humane – / hearts, and heads.
– Excerpt from The Hope of a Thousand Small Lights, Maxine Beneba Clarke
On January 23 2025, the International Criminal Court’s (ICC) chief prosecutor
applied for arrest warrants for the Taliban’s supreme leader and Afghanistan’s
chief justice, charging them with the persecution of women, a crime against
humanity. It was a long overdue decision.
These arrest warrants, said Amnesty International, gave
hope, inside and outside the country to Afghan women, girls, as well as
those persecuted on the basis of gender identity or expression.
And hope in justice is important.
The ICC is a Hague-based court with the power to prosecute war crimes, crimes
against humanity and genocide. Today, it explicitly recognises sexual slavery,
enforced prostitution, forced pregnancy, enforced sterilisation and
gender-based persecution as distinct crimes.
But the recognition of gender-based abuses as distinct crimes under
international law is relatively recent. The ICC has been widely criticised for
its slow and lengthy processes, with an abysmal rate of convictions.
In its 23-year history of operation, only 11 ICC cases have resulted in
convictions. Just two of those, relating to crimes in Congo and Uganda,
included successful convictions for sexual and gender-based crimes.
What would it take for more of these cases to result in successful prosecutions
of gender-based crimes? What would be required to bring “gender-sensitive
judging” into practice? And might it be possible to imagine a world where laws
are written with a specific focus on benefiting women and people of diverse
genders?"
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
