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Hum Rights Rev (2016) 17:7193
DOI 10.1007/s12142-015-0376-0
Published online: 15 September 2015# Springer Science+Business Media Dordrecht 2015
Abstract In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.
Keywords Gender. Womens rights . Sexual violence . Transitional justice . Peace building . Transformative justice
Introduction
The ad hoc international criminal tribunals of the early 1990s marked a significant breakthrough in terms of transitional justice for sexual and other gender-based violence (SGBV), with the recognition of rape as a war crime by the International Criminal Tribunal for the Former Yugoslavia and the first ever conviction of rape as a crime of genocide at the International Criminal Tribunal for Rwanda. The Rome Statute of the International Criminal Court has further sought to advance the rights of women by providing an expanded definition of what constitutes SGBV crimes in the context of
* Wendy Lambourne [email protected]
1 Centre for Peace and Conflict Studies, University of Sydney, Sydney, NSW 2006, Australia
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Web End = Engendering Transitional Justice: a Transformative Approach to Building Peace and Attaining Human Rights for Women
Wendy Lambourne1 & Vivianna Rodriguez Carreon1
72 W. Lambourne, V. Rodriguez Carreon
international or non-international armed conflict that goes beyond rape as a war crime, crime against humanity or act of genocide.1
This article argues that engendering transitional justice requires going...