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ABSTRACT
Transitional justice processes have been criticised for neglecting to recognise the specific dimensions of women’s experiences of sexual violence during conflict. This failure to acknowledge the gendered elements of a conflict or the denial of its enduring impact undermines the prospect of transitional justice mechanisms devising measures of reparation that address the conditions that first enabled and subsequently perpetuate sexual violence against women.
Women’s hearings have been one institutional response to criticisms that transitional justice mechanisms have failed women victims of sexual violence in conflict, both at the point of investigation and accountability and in the development of reparations. This article examines the role of women’s hearings in post-conflict contexts and institutional settings, and the factors that have led to their creation. By reference to women’s hearings held in South Africa, Peru, Sierra Leone, Timor-Leste, Japan, Bosnia–Herzegovina and Guatemala, the article evaluates women’s hearings as responses to the treatment of sexual violence by transitional justice mechanisms, and as potential measures of reparation.
Disclosure statement
No potential conflict of interest was reported by the authors.
Notes on contributors
Andrea Durbach is a professor of Law and Director of the Australian Human Rights Centre (AHRCentre) at UNSW Sydney. She has held senior positions in the human rights field, including as Deputy Australian Sex Discrimination Commissioner, and as a consultant to the Australian Defence Abuse Response Taskforce to develop a framework to address the needs of Defence Force victims of gender-based violence and to prevent harmful conduct. Andrea has published widely on a range of human rights issues and gender justice, and is currently co-investigator on an Australian Research Council grant examining reparations for victims of sexual violence post conflict. Between 2015 and 2017, Andrea led the AHRCentre’s major research project, ‘Strengthening Australian University Responses to Sexual Assault and Harassment’.
Lucy Geddes is a solicitor working for Victoria Legal Aid in Melbourne. After obtaining her law degree, she was a law clerk to the former Vice-President of the International Criminal Court, Cuno Tarfusser, working on cases from Kenya and the Democratic Republic of Congo. More recently, Lucy completed an associateship with Chief Justice Mogoeng Mogoeng of the South African Constitutional Court. Lucy is a research assistant on the Australian Research Council Discovery Project ‘Combating Sexual Violence against Women Post-conflict through “Transformative” Reparations: Problems and Prospects’. Views expressed in this paper are her own and do not necessarily represent the views of Victoria Legal Aid.
Notes
1 Quoted in Dianna E.H. Russell and Nicole Van de Ven, The Proceedings of the International Tribunal on Crimes against Women (Millbrae, CA: Les Femmes, 1976), xiii.
2 The focus on sexual violence against women in this article reflects the prominence of this form of violence in the women's hearings considered. This focus is not intended to negate women's broader experience of conflict.
3 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, A/RES/60/147, 16 December 2005, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparaztion.aspx (accessed July 20, 2017).
4 Ibid.
5 Theo Van Boven, ‘The United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, United Nations Audiovisual Library of International Law, 2010, http://legal.un.org/avl/pdf/ha/ga_60-147/ga_60-147_e.pdf (accessed July 20, 2017).
6 Basic Principles and Guidelines, principles 2(c), 3(d), 11(b) and (c).
7 International Centre for Transitional Justice, ‘Can Reparations Help Fight Discrimination Against Women’, 29 November 2012, https://www.ictj.org/news/can-reparations-help-fight-discrimination-against-women (accessed July 20, 2017).
8 Andrea Durbach, ‘Towards Reparative Transformation: Revisiting the Impact of Violence against Women in a Post-TRC South Africa’, International Journal of Transitional Justice 10, no. 3 (2016): 10–11.
9 Judgment of the Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, The Prosecutors and the Peoples of the Asia –Pacific Region v Hirohito Emperor Showa and other and the Government of Japan (Tokyo Tribunal judgment) delivered in The Hague, December 2001, at para. 455.
10 The South African TRC was established in 1995 pursuant to the Promotion of National Reconciliation and Unity Act (1995) (TRC Act) to investigate gross human rights violations during apartheid between 1960 and 1994. Section 1 defines gross violations of human rights as ‘the killing, abduction, torture or severe ill treatment of any person … which emanated from conflicts of the past’ and was executed ‘by any person acting with a political motive’.
11 Beth Goldblatt, ‘Evaluating the Gender Content of Reparations: Lessons from South Africa’, in What Happened to the Women? Gender and Reparations for Human Rights Violations, ed. Ruth Rubio-Marín (New York: Social Science Research Council, 2006), 53.
12 Carolyn Nordstrom, A Different Kind of War Story (Philadelphia, PA: University of Pennsylvania Press, 1997), 148.
13 The CVR was established in 2001 pursuant to Supreme Decree No. 065-2001-PCM in 2001 to investigate the human rights abuses and violations committed between May 1980 and November 2000 during the armed conflict between the Peruvian state and insurgent groups. Violations included murders, forced disappearances, torture, and violations of the collective rights of the country's indigenous peoples. See Article 3, Supreme Decree No. 065-2001-PCM at http://cverdad.org.pe/lacomision/nlabor/decsup01.php (accessed July 20, 2017).
14 Kimberly Theidon, ‘Gender in Transition: Common Sense, Women and War’, Journal of Human Rights, 6 (2007): 453–78, 457.
15 Ibid. See also Julissa Mantilla Falcon, ‘The Peruvian Truth and Reconciliation Commission's Treatment of Sexual Violence Against Women’, Human Rights Brief 12, no. 2 (2005): 1–2.
16 Helen Scanlon and Kelli Muddell, ‘Gender and Transitional Justice in Africa: Progress and Prospects’, African Journal on Conflict Resolution 9, no. 2 (2009): 12; see also Goldblatt, ‘Evaluating the Gender Content’, 63–4.
17 Helen Moffett, ‘“These Women, They Force Us to Rape Them”: Rape as Narrative of Social Control in Post-Apartheid South Africa’, Journal of Southern African Studies 32, no. 1 (2006): 131.
18 Truth and Reconciliation Commission, Truth and Reconciliation Commission of South Africa Report (South African TRC Report) (1998), vol. 5, chap. 6, para. 161.
19 Falcon, ‘Peruvian Truth and Reconciliation’, 2 and Theidon, ‘Gender in Transition’, 459.
20 Amnesty International, ‘Peru: The Truth and Reconciliation Commission – a First Step towards a Country without Injustice’, August 2004, 18, https://www.amnesty.org/en/documents/AMR46/003/2004/en/ (accessed August 15, 2017).
21 Ibid.
22 Vasuki Nesiah, ‘Truth Commissions and Gender: Principles, Policies and Procedures’, International Center for Transitional Justice, July 2006, 30, https://www.ictj.org/sites/default/files/ICTJ-Global-Commissions-Gender-2006-English_0.pdf (accessed August 15, 2017).
23 Tamara Tompkins, ‘Prosecuting Rape as a War Crime: Speaking the Unspeakable’, Notre Dame Law Review 70, no. 4 (1995): 852.
24 Colleen Duggan, Claudia Paz y Paz Bailey, and Julie Guillerot, ‘Reparations for Sexual and Reproductive Violence: Prospects for Achieving Gender Justice in Peru and Guatemala’, The International Journal of Transitional Justice 2, no. 2 (2008): 192–213, 195.
25 Durbach, ‘Towards Reparative Transformation’, 12; see also Beth Goldblatt and Sheila Meintjes, ‘Dealing with the Aftermath: Sexual Violence and the Truth and Reconciliation Commission’, Agenda 13, no. 36 (1998): 7–18.
26 Amnesty International, ‘Peru: The Truth and Reconciliation Commission’, 19.
27 Comisión de la Verdad y Reconciliación, Informe Final (Final CVR Report), (2003), vol. III, chap. 2.2 (women's organisations); vol. VI, chap. 1.5 (sexual violence); vol. VIII, chap. 2.1 (gender inequality).
28 South African TRC Report, vol. 4, chap. 10.
29 Ibid., vol. 5, chap. 6, para. 161.
30 Approximately 2300 USD; see Oupa Makhalemele, ‘Still not Talking: Government's Exclusive Reparations Policy and the Impact of the R30,000 Financial Reparations on Survivors’, Centre for the Study of Violence and Reconciliation, 2004, http://csvr.org.za/docs/reconciliation/stillnottalking.pdf (accessed August 15, 2017).
31 Approximately 3100 USD; see Decree 051-2011-PCM on Individual Economic Reparations, promulgated by the Supreme Court on 15 June 2011, http://www.pcm.gob.pe/transparencia/Resol_ministeriales/2011/DS-051-2011.pdf (accessed July 20, 2017).
32 Ibid., Article 3.1. In June 2012, the Peruvian parliament passed legislation to expand the definition of victims entitled to reparations to include victims of sexual violence, not limited to victims of rape. See ‘Peru Widens Civil War Compensation for Victims of Sexual Violence’, The Guardian, 28 June 2012, www.guardian.co.uk/global-development/2012/jun/28/peru-civil-war-victims-sexual-violence (accessed July 20, 2017).
33 Duggan et al., ‘Reparations for Sexual and Reproductive Violence’, 200.
34 Julie Guillerot, ‘Linking Gender and Reparations in Peru: A failed Opportunity’, in What Happened to the Women? Gender and Reparations for Human Rights Violations, ed. Ruth Rubio-Marín (New York: Social Science Research Council, 2006), 158.
35 Christian Correa, ‘Reparations in Peru, From Recommendations to Implementation’, International Center of Transitional Justice, June 2013, 7, 12–13, https://www.ictj.org/sites/default/files/ICTJ_Report_Peru_Reparations_2013.pdf (accessed August 15, 2017).
36 Carmichele v Minister of Safety and Security [2001] ZACC 22; 2001 (4) SA 938 (CC).
37 See Domestic Violence Act 116 of 1998; Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. See also Department of Justice Press Release, ‘Justice in Action as Minister Radebe Launches the Butterworth Sexual Offences Court, Eastern Cape’, 23 August 2013, http://www.justice.gov.za/m_statements/2013/20130823-sxoc-butterworth.html (accessed August 15, 2017).
38 Miguel Castro Castro Prison v Peru, Inter-American Court of Human Rights Series C no. 160 (2006). See also United Nations, ‘Guidance Note Of The Secretary-General, Reparations for Conflict-Related Sexual Violence’, June 2014, 13–14, http://www.ohchr.org/Documents/Press/GuidanceNoteReparationsJune-2014.pdf (accessed August 15, 2017).
39 ‘Peru Soldiers Face Human Rights Trial for Raping Women in 1980s’, Telesur, 10 July 2016, http://www.telesurtv.net/english/news/Peru-Soldiers-Face-Human-Rights-Trial-for-Raping-Women-in-1980s-20160710-0006.html (accessed July 20, 2017).
40 President Kabbah at the swearing-in ceremony of the Sierra Leone TRC Commissioners in Freetown, 5 July 2002: Witness to Truth, Report of the Sierra Leone Truth and Reconciliation Commission (Sierra Leone TRC Report) (2004) vol. 1, chap. 1, 27.
41 Sierra Leone TRC Report, vol. 7, part 1, 8.
42 Sheila Meintjes, ‘“Gendered Truth”? Legacies of the South African Truth and Reconciliation Commission’, African Journal on Conflict Resolution 9, no. 2 (2009): 109.
43 Ibid., 105.
44 The Sierra Leone TRC was established pursuant to the Truth and Reconciliation Commission Act (2000) (Sierra Leone TRC Act) in February 2000 ‘to create an impartial historical record’ of human rights violations related to the armed conflict in Sierra Leone from 1991 to 1999 to ‘address impunity, to respond to the needs of the victims, to promote healing and reconciliation and to prevent a repetition of the violations and abuses suffered’ (section 6).
45 Sierra Leone TRC report, vol. 3b, chap. 3, para. 19. For example, the UN Development Fund for Women (UNIFEM) and the Urgent Action Fund for Women's Human Rights organised gender training for TRC staff, including all TRC Commissioners, and women were specifically recruited to be statement-takers for victims of sexual violence. See Jamesina King, ‘Gender and Reparations in Sierra Leone: The Wounds of War Remain Open’, in What Happened to the Women? Gender and Reparations for Human Rights Violations, ed. Ruth Rubio-Marín (New York: Social Science Research Council, 2006), 254. See also Abdullah et al., ‘Women's Voices, Work and Bodily Integrity in Pre-Conflict, Conflict and Post-Conflict Reconstruction Processes in Sierra Leone’, IDS Bulletin 41, no. 2 (2010): 43.
46 Sierra Leone TRC Act, section 6 (2)(b).
47 Ibid., section 7 (4).
48 King, ‘Gender and Reparations in Sierra Leone’, 254–5.
49 Ibid, 256.
50 Women could elect to testify at public hearings and choose to have their identity shielded by a screen. See Binaifer Nowrojee, ‘Making the Invisible War Crime Visible: Post-Conflict Justice for Sierra Leone's Rape Victims’, Harvard Human Rights Journal 18, no. 85 (2005): 94.
51 Sierra Leone TRC Report, vol. 3b, chap. 3, para. 26.
52 Ibid., para. 28.
53 King, ‘Gender and Reparations in Sierra Leone’, 256.
54 Nowrojee, ‘Making the Invisible’, 95. See also Sierra Leone TRC Report, vol. 1, chap. 5, para. 10.
55 Sierra Leone TRC Report, vol. 3b, chap. 3.
56 The CAVR was established 13 July 2001 by the UNTAET Regulation 2001/10 to investigate human rights abuses, facilitate reconciliation and reintegration, recommend action to prevent the repetition of violations and reparative measures: http://www.un.org/en/peacekeeping/missions/past/etimor/untaetR/Reg10e.pdf (accessed July 20, 2017).
57 UNTAET Regulation 2001/10 article 3 (4)(c); see also Commission for Reception, Truth and Reconciliation (CAVR), Chega! The Report of the Commission for Reception, Truth, and Reconciliation (CAVR Report), October 2005, chap. 7.7, http://chegareport.net/Chega%20All%20Volumes.pdf (accessed August 15, 2017).
58 UNTAET Regulation 2001/10, article 13(2)(a).
59 Ibid., article 36.1.
60 Lia Kent, ‘Narratives of Suffering and Endurance: Coercive Sexual Relationships, Truth Commissions and Possibilities for Gender Justice in Timor-Leste’, International Journal of Transitional Justice 8 (2014): 292.
61 Galuh Wandita et al., ‘Learning to Engender Reparations in Timor-Leste: Reaching Out to Female Victims’, in What Happened to the Women? Gender and Reparations for Human Rights Violations, ed. Ruth Rubio-Marín (New York: Social Science Research Council, 2006), 294–6.
62 Nesiah, ‘Truth Commissions and Gender’, 18.
63 Ibid., 15.
64 Wandita et al., ‘Learning to Engender Reparations’, 331. See also ‘CAVR Update: April-May 2003’, http://www.cavr-timorleste.org/updateFiles/english/Update-April-May2003-eng.pdf (accessed July 20, 2017).
65 Wandita et al., ‘Learning to Engender Reparations’, 295.
66 CAVR Report, chap. 7.7, para. 6.
67 Karen Campbell-Nelson, ‘East Timorese Women Must Tell of Atrocities by Indonesians’, Jakarta Post, 9–10 June 2003, http://www.etan.org/et2003/june/08-14/10women.htm (accessed July 20, 2017).
68 CAVR Report, chap. 7.7.
69 Ibid., part 7.7, p. 93, para. 316.
70 Ibid., part 11, pp. 40–41, para. 12.9.
71 Ibid., part 11, p. 43, para. 12.12.
72 Ibid.
73 Wandita et al., ‘Learning to Engender Reparations’, 312.
74 Ibid., 305–06.
75 Reparations to Victims (GN R1660 in GG 25695 of 12 November 2003), http://www.gov.za/sites/www.gov.za/files/25695_0.pdf (accessed July 20, 2017).
76 Sierra Leone TRC Act, section 17.
77 King, ‘Gender and Reparations in Sierra Leone’, 261.
78 The other categories were: amputees, war widows, other war wounded and children. Urgent relief payments were limited to USD100 per victim. See Sierra Leone TRC Report, vol. 2, 248–50.
79 Approximately USD8.00.
80 Sierra Leone TRC Report, vol. 2, 250, para. 100.
81 National Commission for Social Action, Sierra Leone Reparations Programme Newsletter, October 2016, 5, http://www.nacsa.gov.sl/documents/Reparations-Newsletter-1st-Edition.pdf (accessed July 20, 2017). Reparations for sexual violence survivors have been funded by the UN Peacebuilding Fund and the UN Trust Fund to End Violence against Women, administered by UN Women. See UN Women and UNDP, ‘Reparations, Development and Gender’, Kampala, 2010, 19, http://www.unwomen.org/~/media/Headquarters/Attachments/Sections/Library/Publications/2012/10/06A-Development-Gender.pdf (accessed July 20, 2017).
82 These include the Domestic Violence Act 20 of 2007, Registration of Customary Marriage and Divorce Act 1 of 2009 and the Devolution of Estates Act 21 of 2007. See Abdullah et al., ‘Women's Voices’, 44.
83 Abdullah et al., ‘Women’s Voices’, 43.
84 Case No. SCSL-04-15-T, Judgment (Special Court for Sierra Leone, Trial Chamber I, 2 March 2009).
85 Special Court for Sierra Leone Office of the Prosecutor, ‘Special Court Prosecutor Hails RUF Convictions’, 25 February 2009, http://www.rscsl.org/Documents/Press/OTP/prosecutor-022509.pdf (accessed July 20, 2017); see also Valerie Oosterveld, ‘The Gender Jurisprudence of the Special Court for Sierra Leone: Progress in the Revolutionary United Front Judgments’, Cornell International Law Journal 44, no. 1 (2011): 50; Prosecutor v. Sesay, Kallon & Gbao, Case No. SCSL-04-15-A, Judgment (Special Court for Sierra Leone, Appeals Chamber, 26 October 2009).
86 ‘Statement by His Excellency Dr Ernest Bai Koroma on International Women's Day Celebrations on 27 March 2010’, Awareness Times, 30 March 2010, http://news.sl/drwebsite/exec/view.cgi?archive=6&num=14972 (accessed July 20, 2017).
87 CAVR Report, vol. 7.7, p. 3, para. 10.
88 Ibid., para 11.
89 United Nations, ‘Guidance Note Of The Secretary-General’, 13. For example, a one-off payment of USD 200 was provided to only 712 victims of sexual violence identified by CAVR staff as having ‘urgent needs’ determined by the ‘severity and longevity’ of impact’. See also Wandita et al, ‘Learning to Engender Reparations’, 303.
90 ‘Unfulfilled Expectations: Victims’ Perceptions of Justice and Reparations in Timor-Leste’, International Center for Transitional Justice, February 2010, 17, https://www.ictj.org/sites/default/files/ICTJ-TimorLeste-Unfulfilled-Expectations-2010-English.pdf (accessed August 15, 2017).
91 Sarah Williams and Jasmine Opdam, this special issue.
92 Nomarussia Bonase, quoted in ‘How the TRC Failed Women in South Africa: A Failure that Has Proved Fertile Ground for the Gender Violence Women in South Africa Face Today’, Khulumani Support Group, Truth and Memory, 3 October 2011, http://www.khulumani.net/truth-memory/item/527-how-the-trc-failed-women-in-south-africa-a-failure-that-has-proved-fertile-ground-for-the-gender-violence-women-in-south-africa-face-today.html (accessed August 15, 2017).
93 For example, in the Guatemalan context, see the ruling of the Guatemalan Court of Conscience, ‘Prononcimiento Final – Ni Olvido Ni Silencio’, UNAMG, June 2012, 152–5, which calls on the Guatemalan government to end impunity and implement measures to increase women's autonomy and participation in Guatemalan society. http://publicaciones.hegoa.ehu.es/assets/pdfs/279/Ni_olvido,_ni_silencio.pdf?1342173748 (accessed July 20, 2017); see also Tokyo Tribunal judgment, part 2, 262–3.
94 Tina Dolgopol, ‘The Judgment of the Tokyo Women's Tribunal’, Alternative Law Journal 28, no. 5 (2003): 242.
95 Special Proclamation by the Supreme Commander for the Allied Powers at Tokyo, 19 January 1946, ‘Establishment of an International Military Tribunal for the Far East’, https://www.loc.gov/law/help/us-treaties/bevans/m-ust000004-0020.pdf (accessed July 20, 2017).
96 Dolgopol, ‘Judgment of the Tokyo Women's Tribunal’, 242.
97 C. Sarah Soh, ‘Japan's Responsibility Towards Comfort Women's Survivors’, Japan Policy Research Institute, May 2001, http://www.jpri.org/publications/workingpapers/wp77.html (accessed July 20, 2017); see also Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs, an ultimately unsuccessful claim brought by 13 former Comfort Women against Japan in 2000 under the Alien Tort Claims Act, http://www.asser.nl/upload/documents/DomCLIC/Docs/NLP/US/Hwang_Geum_%20Joo_%20et_%20al_v_Japan_DC_Appeal_28-06-2005.pdf (accessed July 20, 2017).
98 Tokyo Tribunal judgment, part 1, para. 1.
99 Ibid., part 2, para. 906.
100 Mari Shibata, ‘Filipina Comfort Women Demand Reparations from Japan’, Broadly, 1 February 2006, https://broadly.vice.com/en_us/article/filipina-comfort-women-demand-reparations-from-japan (accessed July 20, 2017).
101 Regional initiatives include the Public Hearing on Crimes Against Women in Recent Wars and Conflicts (organised by the Women's Caucus for Gender Justice, with women testifying from Chiapas, Colombia, Guatemala, Algeria, Rwanda, Sierra Leone, Somalia, Kosovo, Afghanistan, Burma, Burundi and Indonesia); the Asia-Pacific Regional Women's Hearing on Gender-Based Violence in Conflict held in Cambodia in 2012 (convened by the Cambodian Defenders Project in partnership with Transcultural Psychosocial Organization Cambodia and the Victim Support Section of the Extraordinary Chambers in the Courts of Cambodia, with women testifying from Nepal, Cambodia, Bangladesh and Timor-Leste); the International Tribunal on Crimes Against Women of Burma, held in New York in 2010 and convened by Nobel Women's Initiative and the Women's League of Burma.
102 Tokyo Tribunal judgment, part 1, para. 2.
103 Alison Crosby and M. Brinton Lykes, ‘Mayan Women Survivors Speak: The Gendered Relations of Truth Telling in Postwar Guatemala’, International Journal of Transitional Justice 5, no. 3 (2011): 457.
104 The CEH was established in 1994 pursuant to a peace agreement between the Guatemalan government and the Guatemalan National Revolutionary Unity Party ‘to clarify past human rights violations and acts of violence that have caused the Guatemalan population to suffer’: http://www.usip.org/sites/default/files/file/resources/collections/commissions/Guatemala-Charter.pdf (accessed July 20, 2017).
105 Guatemala Memory of Silence, Report of the Commission for Historical Clarification: Conclusions and Recommendations, para. 91, https://www.aaas.org/sites/default/files/migrate/uploads/mos_en.pdf (accessed July 20, 2017).
106 The National Reparations Programme established by the government often ‘denied reparations for women who request[ed] it for cases of sexual violence, arguing that it is difficult to prove that type of crime or that “the women are lying”’. ‘We Struggle with Dignity: Victims’ Participation in Transitional Justice in Guatemala’, Impunity Watch, May 2016, 52, http://www.impunitywatch.org/docs/Victim_participation_Guatemala.pdf (accessed July 20, 2017).
107 ‘Prononcimiento Final – Ni Olvido Ni Silencio’, 78.
108 Crosby and Lykes, ‘Mayan Women Survivors Speak’, 466.
109 Ibid., 457.
110 UNAMG, ‘Rompimos el silencio: Victoria nos cuenta las resoluciones del Tribunal de Conciencia contra la violencia sexual hacia las mujeres en el conflito armado interno’, UNAMG, August 2010, 11, http://unamg.org/sites/default/files/Resoluci%C3%B3n%20Mediada_Tribunal%20de%20conciencia.pdf (accessed July 20, 2017).
111 ‘Prononcimiento Final – Ni Olvido Ni Silencio’, 159–63.
112 Maya Thomas-Davis, ‘Guatemala: Justice for Sepur Zarco Sex Slavery Victims’, Al Jazeera, 4 March 2016, http://www.aljazeera.com/indepth/features/2016/03/guatemala-justice-sepur-zarco-sex-slavery-victims-160303072107762.html (accessed July 20, 2017); see also Mujeres transformando el mundo, Press Release, ‘Caso Sepur Zarco: Militares a Prisión Preventiva’, 24 June 2014, http://www.mujerestransformandoelmundo.org/es/articulo/caso-sepur-zarco-militares-prisi-n-preventiva (accessed July 20, 2017).
113 Thomas-Davis, ‘Guatemala’.
114 UN Women, ‘Landmark Ruling in Guatemala a Victory against Sexual Violence in Armed Conflict’, 3 March 2016, quoting Luiza Carvalho, UN Women Regional Director for the Americas and the Caribbean, http://www.unwomen.org/en/news/stories/2016/3/guatemala-victory-against-sexual-violence-in-armed-conflict#sthash.rYs6esyH.dpuf (accessed July 20, 2017).
115 Ibid. See also I. Maxine Marcus, Louise Chappell and Andrea Durbach, this special issue.
116 Maria O’Reilly, ‘Peace and Justice through a Feminist Lens: Gender Justice and the Women's Court for the Former Yugoslavia’, Journal of Intervention and Statebuilding 10, no. 3 (2016): 419–45, 420.
117 Ibid.
118 Janine Clark, ‘Transitional Justice as Recognition: An Analysis of the Women's Court in Sarajevo’, International Journal of Transitional Justice 10, no. 1 (2016): 2.
119 Kirsten Campbell, ‘Alternative Justice for War Crimes: Achievements & Limits of Feminist Strategies’, Civic Innovation Research Initiative, 4 May 2016, https://blog.eur.nl/iss/ciri/2016/05/04/alternative-justice-for-war-crimes-achievements-limits-of-feminist-strategies/ (accessed July 20, 2017).
120 Clark, ‘Transitional Justice as Recognition’, 9.
121 Women's Court: Feminist Justice Judicial Council, Preliminary Decisions and Recommendations delivered in Sarajevo, 9 May 2015, http://www.zenskisud.org/en/pdf/2015/Womens_Court_Preliminary_Decision_Judicial_Council_2015.pdf (accessed July 20, 2017).
122 Julia Borger, ‘Bosnia Rape Victims may Claim Compensation for First Time’, The Guardian, 30 June 2015 (Cases of Bosiljko Marković, Ostoja Marković, and Slavko Savić), https://www.theguardian.com/world/2015/jun/30/bosnia-victims-compensation-landmark-ruling (accessed July 20, 2017).
123 Ibid.
124 Katherine Franke, ‘Gendered Subjects of Transitional Justice’, Columbia Journal of Gender and Law 15, no. 3 (2006): 813–28, 821.
125 Helen Durham and Tracey Gurd, eds., Listening to the Silences: Women and War (Leiden: Martinus Nijhoff, 2005).
126 Ibid., vii.
127 Ibid., xiii.
128 Ibid., vii.
129 Clark, ‘Transitional Justice as Recognition’, 11.
130 Tokyo Tribunal judgment, part 1, para. 6–10.
131 Lia Kent, ‘Transitional Justice in Law, History and Anthropology’, Australian Feminist Law Journal 42, no. 1 (2006): 8.