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Gender Justice and Universal Jurisdiction for International Crimes: Uneasy Encounters or Avenues for Norm Transfer?

Project description

How domestic courts address gender-based international crimes

Universal jurisdiction enables the prosecution of core international crimes such as genocide, crimes against humanity and war crimes in domestic courts. However, concerns remain about these courts’ effectiveness in achieving gender justice, as they often face significant challenges in addressing sexual and gender-based international crimes (SGBC). While academic discussions have explored the rationale behind universal jurisdiction, its practical application remains under-researched. With the support of the Marie Skłodowska-Curie Actions programme, the GENDERUJ project will examine how domestic courts tackle challenges related to SGBC. The project will assess the feasibility of transferring norms from international to national legal systems through a comparative study of Belgium, Canada, France and Germany.

Objective

Pursuant to universal jurisdiction, core international crimes (genocide, crimes against humanity and war crimes) are increasingly being adjudicated before domestic courts. Practitioners have, however, questioned their ability to form appropriate sites of gender justice. Indeed, domestic courts appear to encounter significant substantive, procedural, and institutional issues when prosecuting sexual and gender-based international crimes (SGBC). While academic debates have theoretically examined the rationale, legality, and politics of universal jurisdiction, its actual practice has received limited attention. Particularly, a robust academic study exploring the practical manifestations of gender justice – if any – in universal jurisdiction proceedings is yet outstanding.

Through a comparative socio-legal case study of the law and practice of three EU Member States (Belgium, France, and Germany) and one non-EU State (Canada), GENDERUJ will investigate the ability of domestic courts to respond to challenges posed by SGBC. Building on the rich feminist scholarship engaging with gender justice in international criminal law, the project will decipher whether norm transfer from international to national legal systems is possible. Ultimately, GENDERUJ will provide valuable theoretical and practical contributions to the domestic application of international criminal law.

Conducted under the supervision of Professor Damien Scalia at Université libre de Bruxelles, GENDERUJ will combine legal and sociological methods (actor mapping and semi-structured interviews). It will mobilise diverse fields of research, such as law, criminology, and victimology, and include a three-month secondment at the International Centre for Comparative Criminology of Université de Montréal. Bringing new subject knowledge as well as enhanced research and complementary skills, GENDERUJ will prepare the ER to lead a research group, obtain a tenure-track position and/or advanced funding.

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HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships

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Call for proposal

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(opens in new window) HORIZON-MSCA-2024-PF-01

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Coordinator

UNIVERSITE LIBRE DE BRUXELLES
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 200 400,00
Address
AVENUE FRANKLIN ROOSEVELT 50
1050 Bruxelles / Brussel
Belgium

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Region
Région de Bruxelles-Capitale/Brussels Hoofdstedelijk Gewest Région de Bruxelles-Capitale/ Brussels Hoofdstedelijk Gewest Arr. de Bruxelles-Capitale/Arr. Brussel-Hoofdstad
Activity type
Higher or Secondary Education Establishments
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Total cost

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