The International Criminal Court and Restorative Justice: Community Reparations for Victim-Survivors of Sexual Violence
|Fioretos, Karl Orfeo, 1966-
|This paper investigates how the philosophic justifications for punishing perpetrators of sexual violence within international law evolved as our conceptualizations of sexual violence in warfare shifted, with a focus on the tension between deterrence and restoration. In the past decade, the prevailing understanding of sexual violence has begun to shift to a focus on the ability of sexual violence to destroy the social fabric of a community, which implies an emphasis on the restoration of community in the justice process with specific attention to the reintegration of victim-survivors. I reframe the debate to the practice of reparations as an effective form of restorative justice by the International Criminal Court. By analyzing the relationship between dominant theories of wartime sexual violence and justifications of punishment emphasized by the ICC, this paper demonstrates how emerging concepts of sexual violence in armed conflict imply the need for an amplified focus on restoration in the ICC. I draw from restorative justice literature to illustrate the potential of bottom-up, gender-sensitive reparative programs to provide economic relief to the entire community while simultaneously undermining structures of gender inequality and rethreading the social fabric by returning autonomy to the community to define their needs and values.
|Temple University. Libraries
|Livingstone Undergraduate Research Awards
|IN COPYRIGHT- This Rights Statement can be used for an Item that is in copyright. Using this statement implies that the organization making this Item available has determined that the Item is in copyright and either is the rights-holder, has obtained permission from the rights-holder(s) to make their Work(s) available, or makes the Item available under an exception or limitation to copyright (including Fair Use) that entitles it to make the Item available.
|International Criminal Court
|Sexual abuse victims
|The International Criminal Court and Restorative Justice: Community Reparations for Victim-Survivors of Sexual Violence
|For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact firstname.lastname@example.org
|Livingstone Undergraduate Research Award in Social Sciences
|Temple University. College of Liberal Arts