Women and Transitional Justice: The Experience of Women as Participants

233 Pages·2013·3.893 MB·English

by  Lisa Yarwood

Women and Transitional Justice
This book discusses the evolving principle of transitional justice in public
international law and international relations from the female perspective at a
time when the concept is increasingly recognised by the international com-
munity as an effective framework in which to negotiate and manage a com-
munity’s post-conflict transition to peace and stability. The book adopts a
gender lens with a particular focus on women’s direct experiences and per-
ceptions either as intended beneficiaries of transitional justice (TJ), protag-
onists in that process or as practitioners, in order to present a unique view in
relation to the development of TJ. The range of experiences and knowledge
in this collection provides a fresh and unique perspective through its blend
of theory and practice.
This book will be of particular interest to students and scholars of law,
political science and gender studies.
Lisa Yarwood specialises in transitional justice and state accountability.
She is an independent consultant having worked in academic positions in
Hong Kong and the United Kingdom and undertaken practical placements
with the ICTR in Tanzania, Costa Rica and Panama.

Women and Transitional
Justice
The experience of women as participants
Edited by
Lisa Yarwood
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 Selection and editorial matter, Lisa Yarwood; individual
chapters, the contributors.
The right of Lisa Yarwood to be identified as the editor of this work
has been asserted by her in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloguing in Publication Data
A catalog record for this book has been requested
ISBN 978-0-415-69911-2 (hbk)
ISBN 978-0-203-07762-7 (ebk)
Typeset in Garamond
by Wearset Ltd, Boldon, Tyne and Wear
For Alexi’s Papa, for Fabien.

Contents
Notes on contributors x
Foreword xiii
Acknowledgements xv
Introduction 1
1 Women, transitional justice and indigenous conflict: the
role of women in addressing New Zealand’s colonial past 8
LISA YARWOOD
Introduction – New Zealand and non-traditional transitional justice 8
Part one – the New Zealand experience 10
Part two – Maori women 21
The role of women in the Treaty of Waitangi settlement negotiation
and implementation 26
The effectiveness of the settlement process in addressing New Zealand’s
colonial past 28
Conclusion – the contemporary conflict 31
2 Women, peace and security: mainstreaming gender in
transitional justice processes 34
AMY BARROW
Introduction 34
Mainstreaming gender in transitional justice mechanisms: the role of
the Security Council 36
Civil society’s use of soft law mechanisms in transitional justice processes 48
Conclusion 51
3 International criminal justice and the girl child: different
needs, equal opportunities 54
ANNELOTTE WALSH
Introduction 54
viii Contents
The international legal framework for the protection of girls 56
Girls and armed conflict 58
Girls and international criminal courts 61
The importance of justice for girls 69
Conclusion: towards a girl-friendly international criminal justice system 72
4 Lessons from the field: the inclusion of refugee women in
transitional justice initiatives 75
SARAH MADDOX
Introduction 75
The field practitioners 77
Causes of displacement 78
Demographic characteristics of refugee women and their experiences
of conflict 81
Extent of and obstacles to participation of refugee women in
transitional justice initiatives 85
Lessons to be learned 92
What refugee women and women field practitioners can offer to
transitional justice initiatives 94
5 The adjudication of sex crimes under international
criminal law: what does gender have to do with it? 97
CAROLINE FOURNET
Introduction 97
Sex crimes, the law and judges 99
Sex crimes, gender equality and the international criminal court 110
Sex crimes, procedural law and evidence 113
Concluding remarks 117
6 Denial, impunity and transitional justice: the fate of
female rape victims in Bosnia and Herzegovina 119
CLOTILDE PÉGORIER
Transitional justice: gender and international crimes 119
War and rape in Bosnia and Herzegovina 121
Rape and sexual violence at the ad hoc international criminal tribunals 123
‘Savoir . . . et faire semblant’: impunity, denial and prospects for justice 130
The role of international criminal law in facilitating transitional
justice for women 134
Contents ix
7 A tool for reconciling gender and customary law 137
LAUREN FIELDER
Transitional justice and the role of constitutional courts 137
African customary law and transitional justice 139
The courts’ role in balancing culture and equality in transitional
justice situations 142
A rights based approach to women’s involvement in the judicial process
of revising African customary law 151
CEDAW, right to define cultural practices 152
The protocol to the African Charter on human and peoples’ rights on
the rights of women in Africa (African Women’s Protocol) 152
Conclusion 156
8 Reparations in Colombia: advancing the women’s rights
agenda 157
CATALINA DÍAZ WITH IRIS MARIN
Introduction 157
The armed conflict, the paramilitary demobilization process and the
peace and justice arrangement: women as victims and as
transformation agents 159
The reparations component of the transitional justice arrangement:
women’s justice agenda on paper and in practice 165
Conclusion 181
9 The Peruvian case: gender and transitional justice 184
JULISSA MANTILLA FALCÓN
Introduction 184
A gender approach to the international framework: recent advances 185
Transitional justice and gender approaches: still little advances 189
The Peruvian Truth and Reconciliation Commission (PTRC) 191
The impact of the PTRC on women’s human rights 194
Conclusions 196
Conclusion 198
Bibliography 204
Index 209