Reimagining judging in international criminal courts: A gendered approach

Why are we doing this research?

This project focuses on a significant gap in International Criminal Court (ICC) research: the contribution of judges to the ICC’s poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. The research aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and to support a gender-sensitive approach to adjudication. 

Drawing on the expertise of a team academics from the University of New South Wales, the University of Sydney and the University of Newcastle, this project will contribute to feminist legal scholarship by demonstrating the operation and value of ‘gender judging’ in a jurisdiction where this concept has received little attention, namely international criminal law. 

This project is funded by an ARC Discovery Project Grant, an Australian Government initiative designed to support national and international research collaboration and to expand knowledge base and research capacity in Australia.

Research team

Scientia Professor Louise Chappell (UNSW Sydney)

Dr Rosemary Grey (University of Sydney)

Dr Kcasey McLoughlin (University of Newcastle) 

Project management: Ms Suzanne Varrall (UNSW Sydney)

Project contact: femjudgeicc@gmail.com 

Books

ICC 2

Articles/books chapters

Sarah Easy and Suzanne Varrall, Gender on the agenda? The 21st Session of the Assembly of State Parties to the International Criminal Court (February, 2023).

Rosemary Grey, Kcasey McLoughlin and Louise Chappell, ‘Gender and Judging at the International Criminal Court: Lessons from ‘feminist judgment projects’ (2021) 34(1) Leiden Journal of International Law 247

Julie Stubbs, 'A Well-founded Fear? Giving Context to Self-Defence in Taikato v R' in H Douglas, F Bartlett, T Luker & R Hunter (eds.) Australian Feminist Judgments: Righting and re-writing law (2014, Hart) pp 243-249

Heather Roberts and Laura Sweeney, 'Why (Re)Write Judgments?: Australian Feminist Judgments: Righting and Rewriting Law' (2015) 37(3) Sydney Law Review 457

Rosemary Hunter, 'The Power of Feminist Judgments?' (2012) 20(2) Feminist Legal Studies 135

Douglas, Heather et al Introduction to the Australian Feminist Judgments Project (includes Rosemary Hunter's checklist for feminist judgment writing).

Brunger, Yassin M; Emma Irving; and Diana Sankey, The Prosecutor v Thomas Lubanga Dyilo 

Submissions

Rosemary Grey, Submission for ICC Prosecutor's Policy on Gender-Based Persecution.

Kcasey McLoughlin, Louise Chappell, Suzanne Varrall and Sarah Easy, Submission for ICC Prosecutor's Policy on Gender-Based Persecution.

Videos