Effectiveness of International Tribunals and Truth Commissions in Prosecuting Sexual Violence in Conflict Zones: Lessons from ICTY, ICTR, and SCSL

Abstract

This dissertation assesses the efficiency of international tribunals and truth commissions in prosecuting sexual violence. The research will be on ICTY (International Criminal Tribunal for the former Yugoslavia), ICTR (International Criminal Tribunal for Rwanda), and SCSL (Special Court for Sierra Leone) in conflict regions. Rape and other forms of sexual violence remain one of the oldest and most popular tactics of armed conflict, with shocking outcomes for people. The response from the global society to such injustices has changed over the years, as seen through efforts such as tribunals and truth commissions meant to help the victims and bring the culprits to the book. To this end, this work analyzes the effectiveness and the problems associated with these mechanisms in prosecuting sexual violence. It advocates retributive justice of tribunals to the restorative justice given by the truth commissions. The dissertation is divided into five main chapters to provide the framework for the case study analysis. Chapter 1 presents the background of the study, its purpose, and its importance. In this paper, the research problem and questions are presented, as well as the method used in the research, which adopts a qualitative comparative case study research method. Chapter 2 comprises the literature review in which the evolution of sexual violence in conflict is outlined, and the existing legal standards and operating international courts and truth commissions are discussed. It also tries to understand the effects of sexual violence on individuals and societies. In chapter three, the thesis explores case studies about international tribunals, particularly the ICTY, the ICTR, and the SCSL. It discusses key cases, considers the performance of these tribunals in addressing sexual violence, and looks at the two models. The chapter also presents a comparative treatment of the legal systems and issues of ICC and SCSL jurisdiction. Chapter 4 changes the subject to local justice and restorative methodologies and measures of how traditional justice systems and restorative justice have responded to sexual violence in the post-conflict societies of the former Yugoslavia, Rwanda, and Sierra Leone. This chapter defines the breakdown between the formal and informal systems of justice and the place of the community-driven reconciliation processes and strategies. In the end, Chapter 5 pulls together the findings outlined above and examines the implications of the case studies for theories of international justice, paying particular attention to gender justice and transition justice. The chapter also offers policy recommendations to improve the effectiveness of international courts and truth commissions in addressing sexual and gender-based violence. The thesis concludes with an integrated hybrid approach that affects justice, combining reparations and restoration to achieve comprehensive and sustainable gender justice in transition societies