DDRO 27A44 - Conflict-Related Sexual Violence in International Law & Global Politics
This course examines how ideas about gender, sexuality, and victimhood are constructed and contested in global politics by examining one specific case: how international law addresses (or fails to address) situations of conflict-related sexual violence (CRSV). While 100 years ago sexual violence was rarely discussed by international lawyers, today the topic is central to many debates about global politics, with millions of euros going towards justice projects for victims of CRSV. At the same time, however, many efforts to prosecute sexual crimes fall short or fail altogether, and few individuals have ever been convicted by international tribunals for such crimes. This course discusses how CRSV became internationally recognized as a serious crime and examines current debates about the topic, including: can men or LGBTQIA+ individuals be considered as victims? What about female perpetrators of CRSV? When does an act like abortion, marriage, or prostitution become an international crime? How can a military commander be held responsible for sexual crimes committed by subordinates? And so on.
No knowledge of international law is necessary to enroll in this course. The course will be taught in English.
David EICHERT
Séminaire
English
Spring 2022-2023
Participation is required and amounts to 10% of the final grade. There is also a final exam worth 70% of the final grade. The remainder of the grade (20%) will be based on a short class presentation about a specific conflict situation. Your goal as a group will be to (1) use human rights reports & other resources to respectfully report on the sexual crimes committed during the conflict, paying special attention to the larger context of the conflict, and (2) use the Rome Statute and any other relevant international law to identify what crimes could be charged if that conflict was investigated by the International Criminal Court.
Rhonda Copelon (2000). Gender crimes as war crimes: Integrating crimes against women into international criminal law. McGill Law Journal, 46(1), 217-240.
Sareta Ashraph (2018). Beyond killing: Gender, genocide, & obligations under international law, Global Justice Center, https://www.globaljusticecenter.net/files/Gender-and-Genocide-Whitepaper-FINAL.pdf.
Melanie O'Brien (2016). 'Don't Kill Them, Let's Choose Them as Wives': The Development of the Crimes of Forced Marriage, Sexual Slavery and Enforced Prostitution in International Criminal Law, International Journal of Human Rights, 20, 386.
Rosemary Grey (2014). Conflicting interpretations of sexual violence' in the International Criminal Court, Australian Feminist Studies, 29(81), 273-288.
Anne-Marie de Brouwer (2015). The Importance of Understanding Sexual Violence in Conflict for Investigation and Prosecution Purposes, Cornell International Law Journal 48, 639