Engendering justice: women and the prosecution of sexual violence in international criminal courts

Abstract

Does the participation of women in international criminal courts enhance the provision of gender justice? Scant scholarly attention has been paid to women as prosecutors, despite the pivotal role that prosecutors play in determining who is charged and what charges they face. In this article, we explore the influence of women in the Office of the Prosecutor (OTP) in international criminal courts. First, we examine the relationship between the presence of women on prosecutorial teams and sexual violence charges that are brought forth at trial. Next, we move beyond the influence of women prosecutors on indictments to consider how their presence is shaped by the internal dynamics of the institutions. We point to the culture of trial teams, the processes of investigations, and internal hierarchies to demonstrate how informal practices and gendered norms affect women’s positionality within the OTPs and their ability to provide gender justice.