Redefining & Campaigning for Gender Justice in the International Criminal Court

1. Redefining & Campaigning for Gender Justice in the International Criminal Court Workshop presentation of Rebecca Lozada (PCICC-BBP) 20 September 2010 At “The Engendered Conflict=Sensitive Multi-Media …Reportage as a Tool in ---Empowering Communities for ….Sustainable Resource . . .Management

2. The International Criminal Court (ICC) • Came into effect 1 July 2002 after 60 countries had ratified it • Presided over by 18 judges from various countries and legal traditions • Has seat at The Hague, Netherlands

3. ICC Jurisdiction • Subject matter (as defined under Rome Statute) • War crimes • Crimes against humanity • Genocide • Crime of aggression (when defined)

4. ICC and Domestic Courts • Complementary to domestic courts • Will only take cognizance of cases in situations where a State is unable or unwilling to genuinely prosecute crimes within the ICC subject matter jurisdiction

5. Why ICC? • De-politicizes the enforcement of norms & places the campaign for human dignity squarely on legal footing. • Internationalizes the burden of prosecuting away from the reach of partisan national groups to international bodies beyond reach of the power of these groups. • Holds accountable both State & non-State actors.

6. SUBSTANTIVE 1. War crimes & crimes against humanity • rape • sexual slavery, • enforced prostitution • forced pregnancy • enforced sterilization • other sexual violence 2. Crimes against humanity • persecution on the ground of gender • trafficking in person as part of enslavement 3. Genocide - rape and other sexual violence-related acts can constitute acts of

7. PROCEDURAL • Explicit mandate of the Court over the protection of the safety, physical and psychological well-being, dignity and privacy of victims and witnesses taking into account age, gender, health and nature of the crime. Prosecutor to take these concerns into account in the investigative and trial stages. • Creation of a Victims and Witnesses Unit within the ICC’s registry: protective measures, security arrangements, counseling and other appropriate assistance. • Recognition of the right of victims-survivors and witnesses to participate in the justice process. • Provision for reparations, including restitution, compensation and rehabilitation

8. STRUCTURAL • Fair representation of female and male in the election of judges and selection of staff in all organs of the Court • Legal expertise on VAW to be taken into account in the selection of judges, prosecutors and other staff. • Requirement for Prosecutor to appoint legal advisers on sexual and gender violence

9. Road to the International Criminal Court and Gender Integration in International Law • At end of WWII, Allied Powers insist on international military tribunals to prosecute war crimes by Nazis (Nuremberg) and Japanese military (Far East) • Statutes of Nuremberg and Far East tribunals fail to include rape • Nuremberg Judgment issued • Int’l community calls for an international criminal code & court [1946-1948: Widespread sexual violence in Europe and Japanese military’s widespread practice of sexual slavery of “comfort women” not addressed by IMTs] • UNDHR & Genocide Convention adopted • Convention calls for int’l tribunal • Int’l Law Commission drafts statute for an ICC but Cold War prevents serious efforts to create one

10. • Geneva Conventions adopted with references to sexual violence in terms of honor and dignity; not listed among grave breaches • Additional Protocols (I & II) to the Geneva Conventions adopted • End of Cold War clears the way for an int’l court again • Former “comfort woman” breaks nearly 50 years of silence about her sexual enslavement by Japanese military in WWII, sparking int’l movement seeking accountability and reparations

11. • (1993) Vienna World Conference on Human Rights recognizes need to address grave violations of women’s human rights as part of UN agenda • Security Council establishes ICTY & ICTR, providing more impetus to develop a permanent court 1995 • GA sets up Preparatory Committee to prepare draft text of a treaty to establish an ICC • 4th World Conference on Women in Beijing adopts Platform for Action affirming rape as a war crime 1998 • ICTR issues Akayesu judgment finding rape a form of genocide; ICTY follows with Celebici & Furundzija judgments finding rape a form of torture

12. 1998 • July 17, 1998: “Rome Statute” of the ICC adopted by a vote of 120-7. Codifies rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, sexual violence as war crimes and crimes against humanity for the first time in history. Maraming Salamat Po! (Thank you very much)