Retributive Approaches to Transitional Justice: A Feminist Analysis of How International Law Shapes National and International Prosecutions

Abstract

The distinguishing factor of retributive justice, in contrast with restorative justice, is its central emphasis on holding perpetrators legally accountable for their actions and administering punishment fitting the crime. This chapter provides a discussion on international law as pertaining to transitional justice, with specific analysis on the extent to which it is gender-sensitive. In doing so, the chapter highlights some of the critical gaps that currently exist and their consequences. The theoretical discussion here is accompanied by a brief analysis of the International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Yugoslavia (ICTY), and The Rome Statute. Although these are not full-fledged case studies, the definitional precedents set in ICTR, ICTY, and ICC are compared to highlight some salient lessons learned related to women’s inclusion, participation, and representation.