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Global W Omen's Court of Accountability Joan B. Kroc Institute Global Women’s Court of Accountability Court of Global Women’s a whisper becomes a shout when one person is brave enough to listen Joan B. Kroc Institute for Peace & Justice Joan B. Kroc Institute for Peace & Justice Joan B. Kroc School of Peace Studies November 2005 University of San Diego 5998 Alcalá Park San Diego, CA 92110-2492 Phone: (619) 260-7509 Fax: (619) 260-7570 Web site: http://peace.sandiego.edu EXPRESSIONS OF SOLIDARITY AND SUPPORT American Association of University Women – Rancho Bernardo Branch, U.S. Asian Women’s Human Rights Council, Philippines Global Women’s Court Of Accountability Association pour la Promotion des Droits de la Femme au Burundi, Burundi A HEARING ON THE VIOLATION OF WOMEN’S RIGHTS Boston Consortium on Gender, Security and Human Rights, U.S. Center for Global Legal Studies, Thomas Jefferson School of Law, U.S. Center for Refugee and Gender Studies, University of California, Hastings College of Law, U.S. Coalition Against Slavery and Trafficking, U.S. Dev Samaj College of Education, India El Taller International, Tunisia Foundation for Women, U.S. Gail Dimitroff, U.S. Guatemala Human Rights Commission/USA, U.S. International Legal Studies Program, California Western School of Law, U.S. International Museum of Human Rights, U.S. International Rescue Committee, U.S. Joan B. Kroc Institute for Peace & Justice (IPJ) at the University of San Diego’s Joan B. Kroc License to Freedom, U.S. School of Peace Studies is committed to fostering peace, cultivating justice and creating a safer Maha Muna, U.S. world. The IPJ was founded with a generous gift from the philanthropist Joan B. Kroc, who asked Mannar Women’s Development Federation, Sri Lanka that the institute be a place that not only “talked about peace, but made peace.” Through education, research and peacemaking activities, the institute offers programs that advance scholarship and Medica Mondiale, Germany practice in conflict resolution and human rights. The institute’s Women PeaceMakers Program National Lawyers Guild, San Diego Chapter, U.S. documents the stories and best practices of international women leaders who are involved in human Refugees International, U.S. rights and peacemaking efforts in their home countries. San Diego Baha’i Community, U.S. South Asia Partnership-Nepal, Nepal This publication was made possible by the generous support of the Fred J. Hansen Soroptimist International of the Americas, U.S. Foundation, which sponsors the Women PeaceMakers Program at the South Asia Indigenous Women Forum, Nepal Joan B. Kroc Institute for Peace & Justice. Survivors of Torture International, U.S. Torture Abolition and Survivors Support Coalition, U.S. University of Minnesota Law School, Human Rights Center, U.S. Conference Creator: Dee Aker Urgent Action Fund-Africa, Kenya Editors: Stelet Kim, Emiko Noma and Laura Taylor Variety Children’s Lifeline, U.S. Voices of Women, U.S. Joan B. Kroc Institute for Peace & Justice Women’s Aid Collective, Nigeria Joan B. Kroc School of Peace Studies University of San Diego Women’s Center, University of San Diego, U.S. 5998 Alcalá Park Women’s Equity Council, United Nations Association-San Diego, U.S. San Diego, California 92110-2492 Women’s History and Educational Center, U.S. USA Phone: (619) 260-7509 Women in International Security, U.S. Fax: (619) 260-7570 Women’s Intercultural Network, U.S. http://peace.sandiego.edu TABLE OF CONTENTS FOREWORD .......................................................................................................................................iii CHAPTER I – THE NECESSITY OF ACCOUNTABILITY: International Bodies and Public Tribunals Welcome to the Court ...........................................................................................................1 Dee Aker – Joan B. Kroc Institute for Peace & Justice Distinguished Panel of Judges ............................................................................................3 Changing International Law through Tribunals ..................................................................5 Justice Richard Goldstone – (formerly) International Criminal Tribunal for the former Yugoslavia What the International Criminal Court Brings to the Table ...............................................6 Honorable Fatou Bensouda – International Criminal Court The Search for Gender Justice ............................................................................................7 Honorable Joy Ngozi Ezeilo – Faculty of Law, University of Nigeria CHAPTER II – SURVIVORS SPEAK: Testimony of Survivors, Witnesses and Human Rights Defenders Comfort Women of World War II Menen Castillo, Philippines ...............................................................................................8 Neila Sancho, Philippines .................................................................................................9 The “Disappeared” Adriana Portillo Bartow, Guatemala ................................................................................12 Abductions, Girl Child Soldiers and Rape by Rebel and Government Forces Sister Pauline Acayo, Uganda ........................................................................................16 Rape by Governing Forces During Genocide Marijana Senjak, Bosnia-Herzegovina ............................................................................19 Tang Kim, Cambodia ......................................................................................................24 Katrina Anderson, on Cambodia .....................................................................................27 Role of Humanitarian Organizations and Military Peacekeepers During and After Conflict Selmin Caliskan, on Kosovo ...........................................................................................32 State Actors as Perpetrators: Rape, Denial of Rights, Internally Displaced Persons Rape Survivors, Nigeria .................................................................................................36 Huma Ahmed-Ghosh, on Afghanistan ............................................................................41 Survivor, Sri Lanka ..........................................................................................................48 Women’s Rights in Islamic Settings Leila Labidi and Raed Khader, for El Taller International ................................................51 Golalei Nur, Afghanistan .................................................................................................57 i Compensation for Wrongful Deaths by International Forces Anne Hoiberg, on Iraq .....................................................................................................59 Anfal and Trafficking of Women Dilkhwaz Ahmed, Iraq .....................................................................................................64 Trafficking of Women to the United States Survivor, Ethiopia ............................................................................................................66 Charles Song, U.S. .........................................................................................................67 Lilia Velasquez, U.S. .......................................................................................................71 Refugees and Immigrants to the United States Lilia Velasquez, U.S. .......................................................................................................75 Invisibility of Women in Peace and Security Processes Mary Ann Arnado, Philippines .........................................................................................81 CHAPTER III – DEFENDING RIGHTS: Legal Specialists on Progress in Accountability Combating Impunity: Responding to Human Rights Abuses William Aceves – California Western School of Law ......................................................86 Gender-Specific International Criminal Laws Emerging from Tribunals Estelle Dehon – (formerly) South African Constitutional Court .......................................94 Limits of Tribunals Katrina Anderson – Documentation Center of Cambodia .............................................101 War Crimes, Gender and Human Rights Law Susana SáCouto – War Crimes Research Office, American University, Washington College of Law ...........................................................108 Using the Inter-American System to Protect Women’s Rights Roxanna Altholz – (formerly) Center for Justice and International Law ........................ 114 CHAPTER IV – ACCOUNTABILITY AND JUSTICE: Statements from Judges, Findings of Law and Fact, Recommendations Justice Richard Goldstone ...............................................................................................120 Honorable Fatou Bensouda .............................................................................................122 Judge Carmen Kcomt .......................................................................................................124 Honorable Marguerite Waller ...........................................................................................126 Honorable Joy Ngozi Ezeilo .............................................................................................128 Findings of Law and Fact, Recommendations ...............................................................131 APPENDICES Biographies of Court Staff ...............................................................................................134 Acronyms ...........................................................................................................................136
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