Road to the International Criminal Court
and Gender Integration in International Law

 

 

1945

  • At end of WWII, Allied Powers insist on int’l 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

1946

  • 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]

1948

  • UNDHR & Genocide Convention adopted
  • Convention calls for int’l tribunal

1949

  • Int’l Law Commission drafts statute for an ICC but Cold War prevents serious efforts to create one
  • The four Geneva Conventions adopted
  • Geneva Conventions adopted with references to sexual violence in terms of honor and dignity; not listed among grave breaches

1977

  • Additional Protocols (I & II) to the Geneva Conventions adopted

1989

  • End of Cold War clears the way for an int’l court again

1990

  • 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

1993-94

  • (1993) Vienna World Conf. 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 Conf. 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
  • 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.