Reparations and gender: a new challenge for the International Criminal Court

Abstract

Gender-based violence is endemic to armed conflicts and it tends to affect women disproportionately. Even though the present decade has shown a significant shift towards a restorative model of justice, many efforts are still required to accurately place the needs of women as victims in reparation awards and programmes. This paper aims at highlighting the importance of applying a gender perspective to reparation policies whenever sexual crimes have been perpetrated. A special emphasis is placed on the potential role of the International Criminal Court. Academic pieces and legal instruments have been analysed. Reparations are part of a process aiming at the healing and reintegration of victims, where they must be actively involved and their special circumstances considered. Women have been marginalized in many judicial and international procedures, little effort has been made to address their needs in reparative mechanisms; just few examples are to be followed. The International Criminal Court has the substantive elements to address gender concerns in its reparation awards and programmes. The way the ICC and the Trust Fund will utilise this opportunity is crucial. However, more research must be carried out to provide the Court with additional information about the concrete needs and with examples, good practices and lessons learnt.