Radio Internacional Feminista - FIRE

 August  1999

"Women's  Caucus For Gender Justice"

Women´s Gender and Justice Caucus Successful in Integrating A Gender Perspective Into The International Criminal Court...

A Criminal Court, international in its nature, has been established since 1998 by the United Nations. A diplomatic conference adopted it in Rome that year. The Court will investigate and bring to justice individuals, on the basis of violations of human rights such as war crimes, crimes against humanity and genocide.

Such a Court was long overdue in the world today. At the end of the decade of the 1940s, the United Nations had called on the International Law Commission (ILC) to prepare a statute for such a court, based on the Nuremberg principles. But it was not until 1989 when Trinidad Tobago requested it, that the process really began.

Precedents in terms of statutes were taken from the Nuremberg Trials, the Tokyo Military Tribunal, and the ad hoc Tribunals for the Former Yugoslavia, and Rwanda, but these tribunals were selective in nature, as the criminals of "one party" were brought to trial by the "winners of the wars." They also lacked direct enforcement power, and the international community did not have in them a permanent statute either.

In 1999 in Costa Rica, FIRE interviewed Vahida Naynar, an attorney from India, who is the head of the Gender Caucus in New York. The history of women's involvement in the process of establishment of the Court; the struggle to bring a gender dimension to it; and some of the gains and weaknesses in the provisions of the court are some of the issues she discussed. She mainly highlights how women can use the statutes of the Court locally and regionally.
 

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In 1995, Non Governmental Organizations (NGOs) got involved in the process to "advocate for the creation of an effective and just court." To undertake such a task, they created the Coalition for An International Criminal Court.

Women decided to create a Gender and Justice Caucus to bring a gender perspective into the statutes of the court. The Statute of the International Criminal Court that emanated from the conference is a relevant achievement in the struggle toward the  protection of  women from gross violations of international human rights and humanitarian law.
 

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The Women's Caucus  laid the groundwork for the incorporation of a gender perspective during the Preparatory Committee's drafting process beginning in February 1997.  The caucus also brought a group of women from all regions of the world to lobby the delegations in Rome during the diplomatic conference.
 

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In July of 1999 Ana Elena Obando of FIRE interviewed Alda Facio, the director of the Women’s Caucus for Gender Justice in the United Nations (WCGJ). The Caucus was originally called the Women’s Caucus for Gender Justice in the International Criminal Court but was recently changed to reflect the overall work the Caucus does with the UN.  Alda stated during her interview that the Caucus revised its name “because we have expanded our mandate to cover other instruments”.

Historical Background
The WCGJ was formally started in February of 1997 when at the preparatory committee for the International Criminal Court, (ICC)  women activists realized that a gender perspective was not being incorporated into the statues to end impunity for crimes against humanity, war crimes, and genocide.  In May of 1997, the Caucus raised money to fund a small staff with Alda as the director.  The Caucus felt Alda was a good fit for the position of director as she is a feminist, an  international human rights lawyer, and an activist.  The original workspace for the Caucus was not even an office but rather a shared desk in New York City.  However, the small staff of the Women’s Caucus was determined to push forth with its agenda of implementing a gender perspective in the ICC statutes.

By August of 1997, the group had grown to 12 women who were eventually joined by more women from New York and from the South. In February 1998, the women realized that they had much more work to do than they had anticipated in trying to implement women’s issues and a gender perspective in the ICC statues.  Alda states that “there was much more resistance to women’s issues and to incorporating a gender perspective” than expected.  Therefore, it was necessary to raise more funds for an addition to the Caucus staff.  With the money raised, the Caucus brought on staff as Co-Director Eleanor Conda, who is  from the Philippines.  Eleanor joined the Caucus staff just in time to help in preparation for the February/March PrepCom and finally for the conference in Rome.

During the interview Alda recognized that the Women’s Caucus evolved out of other women’s groups that have been organizing around issues that were brought forth in the Vienna, Cairo, and Beijing conferences. She feels that the organization of women is of the utmost importance as it puts pressure on critical national and international conferences as well as governments to recognize women’s human rights violations as crimes.
 

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Challenges and Objectives
In addition to recognizing the successes of the Women’s Caucus, Alda also stated there are many challenges that the Caucus faces as well, including not getting swallowed up by the institutions the Caucus helps to create, and empowering women at all levels.

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Alda also discussed strategies for overcoming the challenges the Caucus faces, noting that it is important to be very careful of the process and never think that the end justifies the means.  Furthermore, she believes that trying to implement the strategies can be challenging in and of itself.  However, as long as the Caucus remains faithful to its objectives, the challenges can be more easily overcome, according to Alda.  She also talked about some the objectives of the Caucus, including legal goals and ways to empower women.
 

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Next Step Toward An Engendered ICC
Ana Elena Obando, interviewed by Selena Vasquez, reported that the WCGJ is preparing for the July 26 – August 13, 1999 Prepcom on the International Criminal Court, which will be held in New York City with people from all over the world.  As an international human rights lawyer and activist, as well as a FIRE correspondent, Ana Elena plans to attend the Prepcom to continue to gather information about the ICC, for her own work as well as for FIRE.

The Prepcom will continue the discussions on the Rules of Procedure and Evidence and the elements or the definitions of the crimes within the Court’s jurisdictions.  The WCGJ is attending the meeting to ensure that the progress of incorporating a gender perspective in the ICC statue (Rome Treaty/Rome Statute) adopted in July 1998 will not be undermined.

What WCGJ and ICC Web Pages Have to Say
According to information obtained from the WCGJ and ICC web pages, an effective gender perspective in the ICC statutes could contribute to justice, deterrence, diplomacy, global norms and, ultimately, to a more humane world for women. Because of the compromises made in Rome, time will reveal the extent to which the Women’s Caucus will be able to incorporate a gender perspective in the ICC statues.

At its very core, the Women’s Caucus wants the ICC to achieve a measure of felt justice for female victims and survivors. This is clearest where States comply with ICC orders to arrest suspects, so that the Court may fairly try and, upon conviction, proportionately punish defendants.  Indeed, the political will and capacity to capture many, if not necessarily all suspects, will be vital to both the perceived effectiveness of the ICC and the credibility of the international commitment to justice for women.

Finally, according to the WCGJ, a credible gender perspective in the ICC statutes can only contribute to raising global consciousness.  Its very existence will be a constant reminder of the world's condemnation of crimes against women as well as humanity.  Its every indictment and judgment will reinforce the message. Crimes against women will not be tolerated!  As a result, public opinion may be sensitized and government policy options constrained. Simply ignoring atrocities inflicted upon women, or bargaining them away during peace negotiations, will become more difficult.

Of course, none of these beneficial statutes will guarantee the safety of women in the next century, so long as war continues and especially the deadly war against women.  However, together with a vigorus women’s movement, they could save many women’s lives. In addition, they can contribute to a global normative consciousness and an effort to put an end to impunity.

Please stay tuned for more information from FIRE’s Ana Elena Obando who will be returning on August 14th with the latest information from the Prepcom on the ICC. We at FIRE, along with our audience are anxiously awaiting the most up to date report on the progress the WCGJ is making in implementing a gender perspective in the ICC statues.