Intersectional v. Narrow Approaches to Sexual and Gender-Based Crimes: Contrasting Outcomes and Gleaning Useful Techniques

Abstract

As interest in intersectionality mounts, this article explores the workings of this approach dealing with sexual and gender-based violence (SGBV) in international criminal law (ICL). Based on an empirical analysis of jurisprudence from the International Criminal Tribunals for the former Yugoslavia and Rwanda (ICTY, ICTR) and from the Special Court for Sierra Leone (SCSL), it argues that, contrary to ICL´s traditionally narrow approach, intersectionality unveils the gendered causes and consequences of SGBV. An overview of rape in detention at the ICTY illustrates the limitations of the narrow approach. Then, enlightening dissenting opinions using an intersectional lens are contrasted with the Majority´s narrow approach in decisions from the ICTR and SCSL. Finally, a gender intersectional analysis is gleaned from the SCSL´s RUF trial judgment. The findings reveal the potential of intersectionality to unpack the individual and group harms of SGBV, thereby advancing a pending task of feminism dealing with armed conflict.