Violência sexual em conflitos armados no tribunal penal internacional: uma leitura feminista interseccional

Abstract

Sexual violence perpetrated in armed conflicts is an old problem, long naturalized, considered an inevitable by-product or effect of its context. The adoption of the Rome Statute in 2002, which created the permanent International Criminal Court (ICC), was an important milestone in international law, as it included sexual violence as war crimes, crimes against humanity and genocide. From an intersectional feminist framework, our general goal is to analyze the extent to which the ICC incorporates an intersectional approach in the judgment of cases of sexual violence in armed conflicts. For this, our methodology was bibliographical, in the construction of our theoretical basis, predominantly from works and scientific articles by feminist authors; and documentary, referring to the analysis of the United Nations Security Council Resolutions and the Annual Reports of the United Nations Secretary-General on the subject, the preparatory works for the Rome Statute, including the participation of feminist social movements, and the ICC rulings, from an intersectional feminist perspective. In the first chapter, we situated the problem of sexual violence in armed conflicts and contextualize intersectionality in feminist epistemologies. In the second, we discussed stereotypes about sexual violence and its reproduction in the social field, in the context of armed conflicts and in the legal sphere. In the third, we dedicated ourselves to reading the selected casos of the ICC. In general, there is still a majority narrative that women are included in armed conflicts only as civilians and victims of sexual violence, while men are soldiers and aggressors. However, counter-narratives are identified, so that the ICC gradually seems to break certain patterns and stereotypes. We highlight how the struggle of feminist movements was essential for this context, and should therefore remain constant.