Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia

Objective. This article examines gender justice at the International Criminal Tribunal for the Former Yugoslavia (ICTY) by analyzing sexual assault cases and the impact that gender composition has on sentencing outcomes. Methods. We employ regression analysis to explain the impact of male and female...

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Bibliographic Details
Published in:Social science quarterly 2007-12, Vol.88 (5), p.1049-1071
Main Authors: King, Kimi Lynn, Greening, Megan
Format: Article
Language:English
Subjects:
Atrocities
Crime
Crimes against humanity
Criminal Justice
Criminal sentencing
Criminology
Defendants
Entrepreneurs
Females
Gender
Gender differences
Gender differentiation
Gender roles
Gender-based violence
Geneva Conventions
Genocide
Humanitarianism
Hypotheses
Indictments
International Criminal Court
International criminal courts
International Law
Juries
Jurists
Justice
Males
Rape
Sentencing
Sex
Sex crimes
Sex Roles
Sexual Assault
Sexual violence
Social justice
Social sciences
Torture
Transnationalism
Tribunals
Tribunals & commissions
Victims
Violence
Violence against women
War crimes
War rape
Wartime sexual violence
Women
Women and Politics
Women's role
World War II
Yugoslavia
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Summary:Objective. This article examines gender justice at the International Criminal Tribunal for the Former Yugoslavia (ICTY) by analyzing sexual assault cases and the impact that gender composition has on sentencing outcomes. Methods. We employ regression analysis to explain the impact of male and female jurists as decisionmakers and the subsequent outcomes rendered for victims. Results. We find that gender is a determinate factor in sentencing outcomes, and that female judges have a distinctive role that varies depending on the gender of the victim in the case. Conclusion. Contrary to criticisms that the ICTY has not provided justice for victims in sexual assault cases, we find support for the exact opposite. Sentencing disparities indicate that female jurists more severely sanction defendants who assault women, while all male panels of judges do the same for male victims.
ISSN:0038-4941
1540-6237
DOI:10.1111/j.1540-6237.2007.00491.x