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Article

Gender and the ILC’s 2019 Draft Articles on the Prevention and Punishment of Crimes Against Humanity

Journal African Journal of International Criminal Justice, Issue 2 2020
Keywords gender, crimes against humanity, international criminal law, Rome Statute
Authors Indira Rosenthal and Valerie Oosterveld
AbstractAuthor's information

    The International Law Commission’s Draft Articles on the Prevention and Punishment of Crimes Against Humanity document is the latest international instrument to address gender-based crimes under international law and the first to do so outside the context of international courts. The elaboration of a treaty on crimes against humanity provides a critical opportunity to affirm that gender-based crimes are among the gravest crimes under international law. This article examines discussions on the meaning of the term ‘gender’ under the ILC’s Draft Articles, with reference to the discussions two decades prior on the definition of ‘gender’ in the Rome Statute of the International Criminal Court, the basis for the Articles’ consideration of sexual and gender-based violence. It then turns to the ILC consultation process, and the 2019 discussion of the ILC’s Draft Articles in the Sixth (Legal) Committee of the United Nations General Assembly on the term ‘gender’. Additionally, it considers a number of concerns raised by States and civil society on the definition of some of the gender-based crimes included in the Draft Articles and concludes by arguing for a comprehensive gender analysis of all of the Draft Articles.


Indira Rosenthal
Indira Rosenthal, Independent Consultant, Gender, Law and Justice; PhD Candidate, Faculty of Law, University of Tasmania (Australia).

Valerie Oosterveld
Valerie Oosterveld, University of Western Ontario Faculty of Law (Canada).
Article

Politisering van het openbaar bestuur

de betrekkingen tussen politieke leiding, ambtelijk apparaat en omgeving

Journal Res Publica, Issue 2 1974
Authors U. Rosenthal
Abstract

    The author discusses a number of perspectives concerning the politicization of public administration. Firstly, he argues that it be hardlyadequate to confine the concept of politicization to the increasing penetration of political par ties into the sphere of public administration. The politicization of public administration refers to more intensive patternsof bureaucratie polities as well. Secondly, he warns against a too easy acceptance of the idea that a politicization of public administration has taken place. One might say that what is aften considered as a growing penetration of political factors into the administrative sphere actually pertains to the increasing awareness and visibility regarding the frequent and intensive relations between polities and administration. Same of the theoretical perspectives are applied to the subject of administrative reorganization.


U. Rosenthal
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