Last week, the International Criminal Court (ICC) began its presentation of what could be a landmark case for the prosecution of gender-based crimes. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud (“Al Hassan”) has been charged with war crimes and crimes against humanity, including torture, rape, sexual slavery, and gender persecution surrounding Mali’s 2012-2013 internal armed conflict. The ICC has not had a standing conviction for persecution on the basis of gender due to the overturning of the conviction of former Congolese military leader, Jean-Pierre Bemba, in 2018.
The Al Hassan case has the potential to shine light on the unique harm perpetrators commit against individuals based on their gender, which enforces patriarchal social norms and increases the potency of their crimes. It could also chart a path forward for international criminal law to define gender.
NEW YORK — The governments of Canada and the Netherlands today announced their intention to intervene in the genocide case against Myanmar at the International Court of Justice.
In a joint statement, the foreign ministries of both governments said the move furthers their solemn pledge to prevent genocide and hold those responsible to account. They also made clear their intention to “pay special attention to crimes related to sexual and gender-based violence, including rape.”
Akila Radhakrishnan, President of the Global Justice Center, had the following response:
“Today’s announcement from Canada and the Netherlands is nothing short of historic. The Gambia took the brave and necessary step to file the case late last year, but the cause of the Rohingya must be a cause of the whole world. Canada and the Netherlands took a major step today towards fulfilling their legal and moral duty to act against genocide.
“Just as important as their intention to intervene is their promise to focus on gendered crimes of genocide like sexual and gender-based violence, which was central to the atrocities against the Rohingya. Too often, gendered experiences do not translate to justice and accountability efforts and leave the primary targets of those crimes — women and girls — behind. This is an important step forward to address that gap and Canada and the Netherlands should be applauded for this move.”
To continue our reflection on what it takes to build a feminist future ahead of the virtual Global Justice Awards on September 17th, we've asked the GJC community to share their feminist inspiration with us. It has been encouraging and exciting to see so many meaningful stories so far!
We saw a contribution from Global Justice Awards host committee member Oshiya Savur, who recognized fellow "glass ceiling shatterers." Canadian Senator Marilou McPhedran shared her hopes for an intersectional and inclusive feminist future. And our president, Akila Radhakrishnan, delivered a video tribute to her inspirations: her mother and GJC’s founder, Janet Benshoof.
The Global Justice Awards will be a celebration of our feminist past and future so please register for the free event now. And don’t forget, we are still accepting submissions, so be sure to share your inspiration with us!
Excerpt of Opinio Juris op-ed from GJC President Akila Radhakrishnan.
This August marks not only the 3rd anniversary of the start of the Rohingya genocide, but also the 6th anniversary of the start of the Yazidi genocide. Beyond starting in the same month, these two genocides share some key features, not the least of which is that both were conducted along highly gendered lines. In the two we see some similar patterns in the way there were carried out, even where they vary significantly in the details; the separation of men and women, the subsequent fast killings of men and boys, and systematic sexual violence against women and girls.
Three years after the Myanmar military launched its campaign involving acts amounting to crimes against humanity and acts the UN's Fact-Finding Mission determined may amount to genocide against its Rohingya Muslim citizens, the Asia Justice Coalition today joins the Rohingya community in remembering and honouring their victims and survivors. Over a million Rohingya remain refugees, most of them in Bangladesh, but also scattered in other countries including Malaysia, India, Thailand, Indonesia and in Europe. Some 126,000 individuals have also been internally displaced and are living in dire conditions.
We reflect on the need for justice for the Rohingya, including through investigations and prosecutions of those individually responsible for crimes under international law committed against the Rohingya, and to uphold their right to safe, dignified and voluntary return. We recognize the global efforts undertaken so far, and encourage further action to ensure ensure truth, justice, and reparations for the Rohingya.
