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