The ICTY and ICTR convicted numerous acts of wartime sexual violence perpetrated on males and females. They have been considered pioneers in international criminal law due to the wealth of...Show moreThe ICTY and ICTR convicted numerous acts of wartime sexual violence perpetrated on males and females. They have been considered pioneers in international criminal law due to the wealth of jurisprudence and definitions they created. However, scholars have accused the Tribunals of ‘leaving behind the men’ through primarily focusing on female victims of sexual violence. This thesis addresses this claim and assesses how the prosecution of wartime sexual violence in both Tribunals differed depending on gender. Employing a textual analysis of ICTY and ICTR court records, it compares sexual violence cases against males and females in terms of language, framing and prosecution. The results of the analysis demonstrate that, while progress can be made for victims of both genders, male victims are disenfranchised through mischaracterization of their experiences, gender-based language, and differing prosecution of similar crimes.Show less
Advanced master thesis | Political Science (Advanced Master)
open access
Since its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution...Show moreSince its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution has been strongly criticized for arguably obstructing peace. Although peace and justice are inevitably linked, blindly pursuing justice without considering political implications such as its potential impact on peace negotiations is not only reckless, but fails to recognize the existence of a bigger picture. This thesis attempts to analyze the conditions under which ICC intervention in ongoing civil conflict facilitates the success or failure of peace negotiations. I argue that international law cannot be seen as functioning in complete isolation from politics. If ICC action has in fact an impact on peace negotiations, the ICC needs to be aware of this and take it into account before intervening in an ongoing conflict. In order to analyze this argument, I will conduct two case studies on the situation and peace negotiations in Uganda and Darfur, Sudan, respectively.Show less
