The Role of Gendered Perspectives in the Context of Crimes Against Humanity

The Role of Gendered Perspectives in the Context of Crimes Against Humanity

By Guest Writer Shagnik Mukherjea Image by the EU Civil Protection and Humanitarian Aid In April 2023, the Sixth Committee of the United Nations initiated a two-year process to deliberate and negotiate the draft articles on the prevention and punishment of crimes against humanity. At the forefront of the multitude of issues being tackled by the International Law Commission (ILC) and numerous States are gender-based issues, with a particular emphasis on reinforcing legal obligations and ensuring safeguards for victims of sex and gender-based violence. Over the past few decades, significant strides have been made in achieving justice for gender-based crimes. However, most of these legal frameworks have required incorporating gender-specific concerns into existing structures that were not originally designed to address these issues. For instance, the International Criminal Tribunal for the former Yugoslavia (ICTY) investigated and prosecuted individuals for wartime sexual violence, considering rape and sexual enslavement as crimes against humanity in the Kunarac et al. Case. Furthermore, the Furundžija Case emphasized that instances...
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Death Penalty for Child Rapists in India: Populist, Hasty, Counterproductive

Death Penalty for Child Rapists in India: Populist, Hasty, Counterproductive

by Shardool Kulkarni, a law student at the University of Mumbai This January, an eight-year-old girl hailing from a minority shepherding family in India was abducted, gang raped and brutally murdered in the Kathua region of Jammu and Kashmir. In the subsequent months, the incident generated polarized reactions in India and around the world, with public outcry juxtaposed against the response from individuals in authority and alleged politicization of rape owing to the victim’s minority status. The ensuing public discourse has placed the ruling dispensation headed by Prime Minister Narendra Modi under intense scrutiny, particularly in relation to the government's stance and policies regarding child rape. In April 2018, the Criminal Law Amendment Ordinance, 2018 was promulgated. The said ordinance brought in several changes to the existing legal framework pertaining to child rape in India, the most significant being the imposition of the death penalty as punishment for rape of a girl below the age of twelve years. The move, while hailed by...
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Questioning “Resilience”

Questioning “Resilience”

By Stephanie Euber, Graduate School of Arts and Sciences 2017 Individuals fortunate enough to have survived traumatic events are commonly referred to as “resilient.” In fact, a resilience framework/agenda has become part of commonly-accepted humanitarian and human rights language and programming. But what does this framework, which attempts to foster resiliency among trauma survivors, actually accomplish? This is the question I have spent the past year attempting to answer. My paper titled “Genealogy of Resilience: Women’s Resiliency to Conflict-Related Sexual Violence” was recently chosen as a winner of the 2017 Human Rights Essay Contest through the Institute for the Study of Human Rights. The application of the term "resilient" to women who have experienced gender-based violence, either locally or globally, remains unclear. What is more evident is that linkages can be drawn between the usage of resilience theory and the popularization of describing women as "survivors." Referring to women who have survived gender-based trauma as "resilient" pays homage to the extreme emotional...
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