Women and Transitional Justice: The Experience of Women as Participants

Cover
Women and Transitional Justice: The Experience of Women as Participants
Copyright
Dedication
Contents
Notes on Contributors
Foreword
Acknowledgements
Introduction
1. Women, Transitional Justice and Indigenous Conflict: The Role of Women in Addressing New Zealand’s Colonial Past
	Introduction – New Zealand and Non-Traditional Transitional Justice
	Part One – The New Zealand Experience
	Part Two – Maori Women
	The Role of Women in the Treaty of Waitangi Settlement Negotiation and Implementation
	The Effectiveness of the Settlement Process in Addressing New Zealand’s Colonial Past
	Conclusion – The Contemporary Conflict
2. Women, Peace and Security: Mainstreaming Gender in Transitional Justice Processes
	Introduction
	Mainstreaming Gender in Transitional Justice Mechanisms: The Role of the Security Council
	Civil Society’s Use of Soft Law Mechanisms in Transitional Justice Processes
	Conclusion
3. International Criminal Justice and the Girl Child: Different Needs, Equal Opportunities
	Introduction
	The International Legal Framework for the Protection of Girls
	Girls and Armed Conflict
	Girls and International Criminal Courts
	The Importance of Justice for Girls
	Conclusion: Towards a Girl-Friendly International Criminal Justice System
4. Lessons from the Field: The Inclusion of Refugee Women in Transitional Justice Initiatives
	Introduction
	The Field Practitioners
	Causes of Displacement
	Demographic Characteristics of Refugee Women and Their Experiences of Conflict
	Extent of and Obstacles to Participation of Refugee Women in Transitional Justice Initiatives
	Lessons to Be Learned
	What Refugee Women and Women Field Practitioners Can Offer to Transitional Justice Initiatives
5. The Adjudication of Sex Crimes Under International Criminal Law: What Does Gender Have to Do with It?
	Introduction
	Sex Crimes, The Law and Judges
	Sex Crimes, Gender Equality and the International Criminal Court
	Sex Crimes, Procedural Law and Evidence
	Concluding Remarks
6. Denial, Impunity and Transitional Justice: The Fate of Female Rape Victims in Bosnia and Herzegovina
	Transitional Justice: Gender and International Crimes
	War and Rape in Bosnia and Herzegovina
	Rape and Sexual Violence at the Ad Hoc International Criminal Tribunals
	‘Savoir . . . Et Faire Semblant’: Impunity, Denial and Prospects for Justice
	The Role of International Criminal Law in Facilitating Transitional Justice for Women
7. A Tool for Reconciling Gender and Customary Law
	Transitional Justice and the Role of Constitutional Courts
	African Customary Law and Transitional Justice
	The Courts’ Role in Balancing Culture and Equality in Transitional Justice Situations
	A Rights Based Approach to Women’s Involvement in the Judicial Process of Revising African Customary Law
	Cedaw, Right to Define Cultural Practices
	The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Protocol)
	Conclusion
8. Reparations in Colombia: Advancing the Women’s Rights Agenda
	Introduction
	The Armed Conflict, The Paramilitary Demobilization Process and the Peace and Justice Arrangement: Women as Victims and as Transformation Agents
	The Reparations Component of the Transitional Justice Arrangement: Women’s Justice Agenda on Paper and in Practice
	Conclusion
9. The Peruvian Case: Gender and Transitional Justice
	Introduction
	A Gender Approach to the International Framework: Recent Advances
	Transitional Justice and Gender Approaches: Still Little Advances
	The Peruvian Truth and Reconciliation Commission (Ptrc)
	The Impact of the Ptrc on Women’s Human Rights
	Conclusions
Conclusion
Bibliography
Index