Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC
Ana Martin Beringola
Amnesty International, ES; ECPAT International, UK; EU Genocide Network, FI
About Ana Martin
Ana Martin Beringola is a human rights lawyer. She holds a LL.M. in International Humanitarian Law (Geneva Academy), a degree in Spanish Law (Complutense University), and a degree in French Law (Sorbonne University). This article is based on her master thesis for the Master in International Crimes and Criminology (Vrije Universiteit Amsterdam).
The Policy Paper on Sexual and Gender-Based Violence commits the ICC Prosecutor to conduct a ‘gender analysis’ based on the understanding of gender as a social construct and its interplay with other factors of discrimination. However, international criminal law has not yet grappled with understanding ‘socio-legal’ approaches on gender and discrimination. Based on different case studies, this article explores ways in which ‘intersectionality’ can make a contribution regarding sexual violence crimes in aspects such as the gravity assessment, the contextualisation of crimes, and the drafting of charges. It demonstrates that intersectionality´s ‘broader approach’ improves the understanding of crimes to tackle them more effectively.