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11 Int'l Crim. L. Rev. 425 (2011)
Criminal Justice for Gendered Violence and Beyond

handle is hein.journals/intcrimlrb11 and id is 431 raw text is: International MARTIN US Criminal Law MJHOFFReview P U B L I S H E R s International Criminal Law Review 11 (2011) 425-443 brill.nl/icla Criminal Justice for Gendered Violence and Beyond Fionnuala Ni Aolain Dorsey & Whitney Chair in Law, University of Minnesota Law School, Minneapolis, MN, USA Professor of Law, University of Ulster Transitional Justice Institute, Newtownabbey, Co. Antrim, UK Dina Francesca Haynes Associate Professor of Law, New England Law, Boston, MA, USA Naomi Cahn John Theodore Fey Research Professor of Law, George Washington University Law School, Washington, DC, USA Abstract This article focuses on the advancements in and limitations of international criminal law to address the range of harms experienced by women in times of armed conflict. International criminal law is an important tool, but not the only relevant structure or institution that has a role to play in addressing the underlying conditions and causes that produce systematic violence for women. The long-term success of post-conflict reconstruction rests upon understanding and legally articu- lating what women truly perceive as generally harmful to them, and then remedying those harms in the broadest possible sense. In assessing the influence and value of international and domes- tic criminal accountability for violations experienced by women, it is also important that we acknowledge laws limits. Criminal accountability has both symbolic and practical importance, but it must be combined with policy-making focused on the deep inequalities and disadvan- tages experienced by women in order to fundamentally transform women' lives in post-conflict societies. Feminists should be suspicious when law only addresses a fraction of transgressive sex- ual acts and fails to engender equality and nullify discrimination. Both are central to changing women's lives. Keywords international criminal law; sexual violence; gender-based violence Criminal accountability is increasingly a central component of the peace making process that accompanies the ending of entrenched violence between and within states. This article addresses the extent to which post-conflict accountability mechanisms-including international criminal law norms and institutions- attend to women's experiences of violation, and how they can be improved by acknowledging and responding -to women's actual harms and injuries, with a 0 Koninklijke Brill NV, Leiden, 2011 DOI 10. 1163/157181211 IX576348

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