Gender Jurisprudence and International Criminal Law Bibliography


The following bibliography was created as recommended reading on the treatment of gender and sexual-based crimes in international humanitarian and international criminal law. Links to the original articles are provided where available.









1.Xabier Agirre Aranburu, Sexual Violence Beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases, 23 LEIDEN J. INT'L L. 609-627 (2010).
2.Carmen M. Argibay, Sexual Slavery and the 'Comfort Women' of World War II, BERKLEY J. INT'L L. 22(2001).
3. Barbara Arneil, Women as wives, servants and slaves: Rethinking the public/private divide, CANADIAN J. POLITICAL SCIENCE 34:1(2001).
4. Kelly Dawn Askin, Gender Crimes Jurisprudence in the ICTR: Positive Developments, 3 J. INT'L CRIM. JUST. 1007 (2005).
5. Kelly D. Askin, Prosecuting Wartime Rape and Other Gender-Related Crimes Under International Law: Extraordinary Advances, Enduring Obstacles, 21 BERKLEY J. INT'L L. 288 (2003).
6. Kelly D. Askin, Crimes Within the Jurisdiction of the International Criminal Court, 10 CRIM. L. F. 33, 41 (1999).
7. Kelly D. Askin, The Quest for Post-Conflict Gender Justice, 41 COLUM. J. of TRANSNAT'L L. 509 (2003).
8. Kelly D. Askin, A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003, 11 HUM. RTS. BRIEF 16 (2004).
9. Kelly D. Askin & Dorean M. Koenig, International Criminal Law and the International Criminal Court Statute: Crimes Against Women, 2 WOMEN & INT'L HUM. RTS. L. 3, 9 (Kelly D. Askin & Dorean M. Koenig eds., 2000).
10. Sita Balthazar, Gender Crimes and the International Criminal Tribunals, 10 Gonz. J. INT'l L. 43 (2006).

Sample Syllabus

Responses of International Law to Conflict-Based Sexual and Gender-Based Violence
Sample Syllabus Compiled by the Gender Jurisprudence Collections Project



Introduction and Goals of the Course


Sexual and gender-based crimes committed in times of conflict or repression traditionally have been ignored, or at most, treated as secondary to other crimes. However, in the past two decades, and particularly since 1998, there has been an incredible transformation in the treatment of sexual and gender-based violence in the fields of international humanitarian law and international criminal law. This course aims to provide an overview and evaluation of the responses of international law to the experience of survivors of such violence. The course will examine feminist critiques of IHL and consider the links between conflict and issues such as women's inequality and inequitable economic and social conditions. Specifically, the course will explore how survivors of sexual and gender-based violence in times of conflict are treated under the various categories of the laws of war, such as civilians, combatants, detainees and POWs, but also question whether these laws are sufficient to encompass the variety of ways survivors of such violence are affected by conflict. The course will also look at the developing jurisprudence dealing specifically with accountability for sexual and gender-based violence from the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia and the "hybrid" or internationalized courts, as well as the provisions specifically relating to such violence in the Rome Statute and the practice of the International Criminal Court in implementing these provisions. The course will end with a critical evaluation of the consequences, both intended and unintended, of the prosecution of sexual and gender-based violence by these courts and tribunals and of feminist interventions in international law more generally.