INTERNATIONAL CRIMINAL LAW REVIEW

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

This article discusses forced marriage in the context of recent conflicts in Sierra Leone, Cambodia, Uganda, and the Democratic Republic of Congo. It discusses the Charles Taylor judgement at the Special Court for Sierra Leone and other international case law on forced marriage. It examines various legal definitions of enslavement from various international criminal tribunals and the 1926 Slavery Convention. The article analyses and upholds the recent classification of forced marriage as a crime of sexual enslavement and suggests how this

In this article, the author considers the possibility of over-deterrence of humanitarian interventions in defense of women as a potential consequence of adding the "crime of aggression" to the Rome Statute. The ambiguities in the definition of crimes of aggression potentially encompass all uses of force, including those that are protective in nature. Proposals for incorporating an exception for bona fide humanitarian interventions into the Rome Statute were not fully explored when the provision was drafted. Women's exclusion from discussions on the

This article discusses reported misconduct by UN Peacekeepers and whether the sexual crimes they commit should and can be prosecuted by the International Criminal Court (ICC). The author emphasizes that the socio-economic post-conflict position of women makes them vulnerable to sexual exploitation and other gender-based crimes. Rather than protecting civilians, in some cases UN peacekeepers offer women goods, money, or services in exchange for sexual favors. The author argues that first responsibility falls on states to prosecute these crimes. However, the ICC

This article discusses the implications of gender-based crimes as secondary offences. The author canvasses the history of gender-based crimes in international law and highlights positive developments made by international criminal tribunals and the Office of the Prosecutor at the International Criminal Court (ICC). Although the Rome Statute has recognized gender-based crimes as war crimes and crimes against humanity, and included a gender mandate within ICC structures and procedures, gender-based crimes remain under-investigated and under-prosecuted.

This article explores cultural justice as a mechanism of transitional justice, and the creative agency of women in pursuing justice post-conflict. The most frequently applied transitional justice mechanisms often exclude groups of individuals who did not directly experience physical violence. The author argues for a holistic approach for transitional justice; one that not only includes justice to rectify harm, legal justice, and social justice, but also cultural justice. This would better meet the diverse experiences of all war-affected individuals. Since art is a

The author argues for the reconciliation of Indigenous women's rights based advocacy (which primarily aims to heal gender injustice) and Indigenous nations rights-based advocacy (which primarily aims to protect cultural distinction) through an Indigenous 'self-determination' project grounded in human rights. This project would consider women's concerns and cultural flourishing to be coequal priorities. The author argues that the reconciliation of these disparate goals requires a political shift toward critical engagement with historical and

This article focuses on the implications of the decision of the Pre-Trial Chamber of the International Criminal Court (ICC) to decline to confirm cumulative charges for sexual and gender-based violence in Prosecutor v Jean-Pierre Bemba Gombo. The author argues that the decision is discriminatory in its failure to recognize the full spectrum of criminal culpability for sexual and gender-based crimes. It does so by erroneously denying cumulative charges and conflating the crimes of rape, torture, and outrages upon personal dignity contrary to the Rome Statute.

This article examines the shortcomings of post-conflict accountability mechanisms for sexual and sex-based violence against women and the need to legally respond to the different kinds of harms they experience. The authors focus on the subjective experiences of women in conflict. They argue that sexual and sex- based violence connects to a host of other harms- socio-cultural, psychological, and economic that legal systems are failing to address. Consequently, international criminal laws exclusive focus on sexual violence does not amount to a comprehensive system of legal