What is Happening to Women in Transitional Justice? Analysing the Crime of Rape and its Reconciliation in the ICTR

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Abstract

International law is dominated by the reproduction of gendered structures originating in the masculine nature of law. In respect of rape in armed conflicts the prescribed roles of men and women and the respective experiences they make severely limit substantial reconciliation. In armed conflicts, men are considered decision-makers and fighters whereas women are regularly regarded as victims. Hence, their respective roles and experiences in post-conflict societies have constrained effective legal efforts. I will exemplify this by examining the masculine nature of the jurisprudence of the International Criminal Tribunal for Rwanda ICTR . I propose that the ICTR case law illustrates the lack luster reconciliation efforts of the international community in response to rape crimes in armed conflicts and reproduces gender norms. By analyzing what happens to women in transitional justice mechanisms, I will address the question of whether rape survivors can find reconciliation.
Original languageEnglish
Pages (from-to)1-13
Number of pages13
JournalFe Dergi: Feminist Elestiri
Volume6
Issue number2
Publication statusPublished - 22 Dec 2014

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