Recent case law on sexual violence crimes heard before the ad hoc international criminal tribunals and courts, that interpret them in connection with ethnic conflict, raises the question of which acts can be defined as sexual violence. The International Criminal Court, in the situation of Kenya, does not regard acts of forced nudity, forcible circumcision and penile amputation as sexual violence when they are motivated by ethnic prejudice and intended to demonstrate the cultural superiority of one tribe over another. The (...) Court argues that not every act of violence that targets parts of the body commonly associated with sexuality should be considered an act of sexual violence. This recent interpretation of what counts as sexual violence provides another example of the complicity of international criminal law institutions in the ongoing construction process of female subordination. The ICC, in the Kenya situation, implicitly confirms the mutilation of female agency by interpreting penile amputation as a kind of power game between males, and by instrumentalizing the male sexual organ as an indicator of masculinity and manhood. (shrink)

This comment reflects on how the Women, Peace and Security agenda has been translated into policy and put into practice by the European Union and the Democratic Republic of Congo. Although the WPS agenda has enabled many gains by women peacebuilders, this comment identifies important challenges from these two very different contexts. First, situating WPS policy areas within a broader feminist political economy analysis demonstrates how little influence the WPS agenda has across government. Second, the WPS agenda is being used (...) to promote heteronormative, patriarchal understanding of ‘gender’, stripped of any power dynamics and excluding any gender identities that do not conform. The result, then, is that WPS policies and practice are adrift in the patriarchal policy mainstream. (shrink)

Feminist transitional justice has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of (...) Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition. (shrink)

The study of masculinity, particularly in peacebuilding and transitional justice contexts, is gradually emerging. The article outlines three fissures evident in the embryonic scholarship, that is the privileging of direct violence and its limited focus, the continuities and discontinuities in militarised violence into peace time, and the tensions between new masculinities and wider inclusive social change. The article argues for the importance of making visible the tensions between different masculinities and how masculinities are deeply entangled with systems of power and (...) post-conflict social, political and economic outcomes. An analysis of masculine power within and between the structures aimed at building the peace in societies moving out of violence is considered essential. The article argues for an analysis that moves beyond a preoccupation with preventing violent masculinities from manifesting through the actions of individuals to considering how hidden masculine cultures operate within a variety of hierarchies and social spaces. (shrink)