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Reading: Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC

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Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC

Author:

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).
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Abstract

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.

How to Cite: Beringola, A.M., 2017. Intersectionality: A Tool for the Gender Analysis of Sexual Violence at the ICC. Amsterdam Law Forum, 9(2), pp.84–109. DOI: http://doi.org/10.37974/ALF.296
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Published on 01 Mar 2017.
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