Law Publications

Title

Gender at the Intersection and International Refugee Law and International Criminal Law

Document Type

Article

Publication Date

11-2014

Journal

Journal of International Criminal Justice

Volume

12

Issue

5

First Page

953

URL with Digital Object Identifier

https://doi.org/10.1093/jicj/mqu061

Last Page

974

Abstract

Over the past two decades, international refugee law and international criminal law have undergone a radical transformation by recognizing the important role played by gender in conflict and mass atrocity. Despite the recognition within both fields of various forms of gender-based violence, international refugee law and international criminal law have both demonstrated regressive understandings of the nature and context of this type of violence. Additionally, procedural missteps and inaccurate assumptions made by decision-makers have occurred in both areas, resulting in under-prosecution and failures to convict in international criminal law and refusal of refugee status in refugee determination decisions. This article considers best practices and struggles within international refugee law and international criminal law, beginning with an exploration of commonalities in their assessment of gender-based persecution and other gendered forms of mass atrocity. The article then reflects on the challenge of gendered categories in both areas of law. Finally, it assesses evaluations of credibility and evidence in both fields. Given that problematic gender misconceptions in both legal disciplines stem from gender inequality and discrimination, harmonized efforts to press for widespread implementation of best practices can help to bring coherence and push gender analysis to the leading edge in both spheres.

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