Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia*

Kimi Lynn King and Megan Greening

Social Science Quarterly, 2007, vol. 88, issue 5, 1049-1071

Abstract: Objective. This article examines gender justice at the International Criminal Tribunal for the Former Yugoslavia (ICTY) by analyzing sexual assault cases and the impact that gender composition has on sentencing outcomes. Methods. We employ regression analysis to explain the impact of male and female jurists as decisionmakers and the subsequent outcomes rendered for victims. Results. We find that gender is a determinate factor in sentencing outcomes, and that female judges have a distinctive role that varies depending on the gender of the victim in the case. Conclusion. Contrary to criticisms that the ICTY has not provided justice for victims in sexual assault cases, we find support for the exact opposite. Sentencing disparities indicate that female jurists more severely sanction defendants who assault women, while all male panels of judges do the same for male victims.

Date: 2007
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