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Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC Cover

Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC

Open Access
|Mar 2017

Abstract

The Policy Paper on Sexual and Gender-Based Violence commits the ICC Prosecutor to conduct a ‘gender analysis’ based on the understanding of gender as a social construct and its interplay with other factors of discrimination. However, international criminal law has not yet grappled with understanding ‘socio-legal’ approaches on gender and discrimination. Based on different case studies, this article explores ways in which ‘intersectionality’ can make a contribution regarding sexual violence crimes in aspects such as the gravity assessment, the contextualisation of crimes, and the drafting of charges. It demonstrates that intersectionality´s ‘broader approach’ improves the understanding of crimes to tackle them more effectively.

DOI: https://doi.org/10.37974/ALF.296 | Journal eISSN: 1876-8156
Language: English
Published on: Mar 1, 2017
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services

© 2017 Ana Martin Beringola, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.