Ending Impunity for Gender Crimes under the International
Criminal Court
[T]hey brought her fourteen-year-old son and forced him to rape her. . .On
[another] occasion, I was raped with a gun by one of the three men. . .in
the room. . . . Others stood watching. Some spat on us. They were raping
me, the mother and her daughter at the same time. Sometimes you had to accept
ten men, sometimes three. . . . I felt I wanted to die. .
. .
The Serbs said to us, "Why aren't you pregnant?". . . . I think they wanted
to know who was pregnant in case anyone was hiding it. They wanted women
to have children to stigmatize us forever. The child is a reminder of what
happened.
- Anonymous, Bosnia
Introduction
For millennia, women and girls have suffered rape, sexual slavery, forced
pregnancy and other brutal forms of sexual and gender violence during armed
conflict. Like other forms of war related brutality, such violence is often
sanctioned, tolerated or ordered by military, paramilitary or other governmental
actors. Although the international community has made some strides in outlawing
and punishing atrocities committed during armed conflict through the development
of international humanitarian law, gender-based violence has been consistently
marginalized or dismissed as a natural consequence of war.
The international community's conclusion of a treaty in July 1998 to create
a permanent International Criminal Court (the ICC or the Court) to investigate
and punish genocide, crimes against humanity and war crimes in circumstances
in which national authorities fail to do so was indeed an important step
forward for humankind. Women's rights activists viewed the negotiations for
the ICC as an historic opportunity to address the failures of earlier international
treaties and tribunals to properly delineate, investigate, and prosecute
wartime violence against women. Building on their successes in drawing attention
to atrocities suffered by women in recent conflicts in Bosnia and Rwanda,
women's rights advocates ensured that history did not pass women by yet again.
The recognition that rape and other forms of sexual violence are among the
most serious crimes under international humanitarian law was one of many
historic accomplishments of the July 1998 United Nations Diplomatic Conference
of Plenipotentiaries that negotiated the Rome Statute of the International
Criminal Court (Rome Statute). The Rome Statute's gender provisions are an
encouraging example of how the development of the international women's rights
movement is positively impacting international human rights and humanitarian
law despite the strong influence of conservative political forces.
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