Questioning Hierarchies of Harm: Women, Forced Migration, and International Criminal Law

Private and opportunistic violence against forced female migrants does not fall clearly within the international criminal law framework in the same way that prohibited 'public' attacks do. Furthermore, forced female migrants cannot rely on their own governments, host governments, and often, even on international humanitarian organizations to protect them. This article argues that international criminal law could fill the void by expanding its scope and restructuring its focus. A structure designed specifically to prevent and account for opportunistic violence against female forced migrants would be better equipped to perform the task. Criminal accountability might be better performed in national legal systems or informal justice systems within camp environments, or perhaps human rights law might appropriately address such harms.