GENDER-BASED PERSPECTIVES ON GENOCIDE: CONTRIBUTIONS OF INTERNATIONAL JURISPRUDENCE

Abstract

This study aims to analyze the gender dimension in international crimes of genocide, with an emphasis on how sexual violence has been used as a tool of oppression, domination, and systematic extermination of ethnic, racial, or religious groups. Initially, the research provides a brief review of the foundational milestones of international criminal justice, contextualizing the formulation of the legal concept of genocide in the post-World War II era. It then investigates the practical application of this legal classification by examining patterns of gender-based violence observed during the Holocaust, and the genocides in Rwanda and the former Yugoslavia, where women were primary targets of torture, systematic rape, forced sterilization, and murder, with the intent of preventing births and dismantling the social and cultural foundations of the persecuted groups. The analysis is further deepened through an examination of the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), which played a decisive role in recognizing sexual violence as an effective method of partially destroying a group, as outlined in the Convention on the Prevention and Punishment of the Crime of Genocide (1948). Cases such as Karadžić, Krstić, and Tolimir demonstrate that sexual crimes were not isolated incidents but part of a coordinated policy of ethnic cleansing with genocidal intent. Thus, the study demonstrates that gender, far from being a secondary factor, constitutes a structural axis in the commission of international crimes, exploited as a mechanism of political, cultural, and biological domination. The conclusion underscores the importance of preserving the memory of these historical events as a means of strengthening human rights and preventing the recurrence of similar crimes. Understanding gender-based violence in the context of genocide—particularly its legal framing and prosecution in international justice—is essential to ensuring justice for victims and promoting a more sensitive and inclusive approach to protecting vulnerable populations in conflict settings.