Gender Based Violence And International Criminal Law: Jurisprudential And Policy Analysis
- IJLLR Journal
- 2 hours ago
- 1 min read
Shaili Meena, LLM, Gujarat National Law University, Gandhinagar
ABSTRACT
The present paper explores the remarkable journey that the understanding and recognition of gender-based violence has gone through. Gender based violence (GBV) was initially recognised as collateral damage of war. Now, after decades of work, it has become a significant factor in deciding international criminal accountability. By tracing the historical trajectory from the Lieber Code and the Nuremberg trials to ICTR and ICTY, this study analyzes how the definition of rape evolved from a mere anatomical to a conceptual base of coercive factors. In this analysis, the focus returns to the Rome Statute and judicial interpretations, such as the Akayesu and Bemba judgements, which together form the jurisprudence regarding the concept of gender-based violence. To better reflect on the findings, the paper also examines the principles of International Criminal Law, how they both facilitate and hinder gender justice. The paper highlights gaps in jurisprudence, reflecting on the high evidentiary thresholds for command responsibility and the exclusion of non-binary identities under the Rome Statute's current gender definition. Lastly, as the paper concludes, it urges a sociological interpretation of the concept of "gender", along with a trust fund for victims, advanced digital forensics, and more. There is a need to bridge the gap between progressive codification and transformative justice to achieve justice for all survivors.
