Women’s March: An Evolution in Global Solidarity

picture of Washington, DC Women's March 2017
DC Women’s March. Source: Liz Lemon, Creative Commons.

On January 21, 2017, over five million people marched–on all seven continents–in solidarity for women’s issues. In Washington D.C, one million marchers made their voices heard, nearly three times the size of the crowd at the inauguration, according to crowd scientists. The Birmingham, Alabama march numbered nearly five thousand, to the surprise of organizers who expected closer to several hundred. The official Women’s March website states the platform and approach is committed to equality, diversity, and inclusion. While initially, the Trump administration may have been the fuel for this rise, the movement presently signifies an international protest against the growing threat of a dishonest narrative about women’s rights and unjust treatment of them.

The sheer numbers of attendees at the march inspired and infused hope into the hearts of many deeply opposed to the injustices within the context of women’s rights. Critics of the march seem to misinterpret the intentions of marchers by claiming that the cause was American-centric, thus ignoring the subjugation of women globally. There is some validity to this, in that, the focus of many marchers remained centered in American political issues, and often excluded some key actors from the discussion like transgender people. However, many critics used these potentially valid grounds to deny the existence of oppression in America. Blogger Stephanie Dolce, after listing a series of wrongs against women in other countries, writes, “So when women get together in America and whine they don’t have equal rights and march in their clean clothes, after eating a hearty breakfast, it’s like a vacation away that they have paid for to get there.” This critical narrative reveals the false impression that many Americans have about women’s rights, the nature of protests, and the human right to participate in protest.

picture of girl holding signs at Birmingham Alabama Women's march 2017
Women’s March in Birmingham, AL January 2017. Source: Ajanet Rountree.

Dolce mentioned the issues of rape, limited education access, gender violence, and denial of bodily autonomy through legislation, infanticide, and female genital mutilation (FGM). She then suggests that American women do not experience these acts of violence and oppression. To believe that these issues are absent in America is to remain blinded by privilege. Dolce’s argument, supported and shared many times across social media, is rooted in privilege—a privilege that often undermines the nature of exploitation and oppression of another because distance rather than proximity and a lack of knowledge discredit the acknowledgement of an experience.

Marchers in cities around the world reflected the microcosm of the global civic society. It is highly unlikely that Dolce, who is vocally critical of the march, attended a protest based on her blog writing. Conversely, I have been an advocate for human rights for years and decided to experience the Birmingham march firsthand. I found myself deeply moved by the variety of issues and identities represented; therefore, I can bear witness to a crowd of people marching for a diverse set of causes, each inherently political but not as a political reaction. Protest signs held high regarding immigration, environmental issues, racism, disability rights, and more, dotted the landscape of Kelly Ingram Park. The diversity of the city was visible in the composition of marchers and their causes. The harsh, judgmental “anti-Trump” rhetoric is an insult to social justice, as this march and subsequent protests, are not about him or any one person.

The highly divisive stage in American politics provides a vehicle of change through shock and outrage; fortunately, the movement is not limited to the American arena. This activism is not a backlash to the election or simply a march about women’s issues. This is not, as some may see it, a petty protest against the shift in ideology represented in our new president. This is the beginning of a global movement to protect rights presently impacted by global structural violence targeted towards women specifically, and humanity generally.

picture of Women's March in London 2017
Women’s March London. Source: Garry Knight, Creative Commons

The Women’s March website has listed steps to transform the vigorous energy seen on January 21 into a long-term international movement. Given the millions of marchers who came out, it is hard to imagine that the momentum and awareness for women’s rights will simply fade away. The evolution of the movement is already underway. They currently have two “global action steps” listed and a third still developing. First, communicate concerns for women’s rights by contacting representatives, using postcards or letters with a picture of the march. Second, organize local “next up huddles” which are intended to foster support and community. The goal is that each area brainstorm a “set of actions and strategies our group will pursue in the coming weeks and months”, mobilizing the community through grassroots activism and people power.  The grassroots approach, fueled by people power, is essential because it empowers leadership and change from the bottom-up rather than top-down. People power initiates the quicker and more effective change across nations.

With an enormous base of supporters and power of grassroots change, it is clear that the spirit behind the Women’s March is thriving and quickly evolving into a transnational platform.

 

From hostility to hope: Kosovo’s struggle for inclusion and independence

 

property of UAB IHR. Photo taken by Charles Coleman
Photo taken by Charles Coleman

Ambassador Ahmet Shala, former Minster of Economy and Finance in the government of Kosovo, recently visited the University of Alabama at Birmingham’s Institute for Human Rights to speak with faculty and students about minority rights in the Balkan Peninsula, current economic development in Kosovo, as well as efforts to modernize the country.

The Republic of Kosovo is located in South Eastern Europe nestled among a group of nations, which were part of former Yugoslavia. In 1990, economic disparities in Yugoslavia led to increased tensions in the ethnically diverse territory. As the economy declined, Croats, Bosniaks, Slovenes, Albanians, Montenegrins and Macedonians began to promote ideas of ethnic nationalism. Croatia and Slovenia were the first to seek a split from the union, followed closely by a brutal war in Bosnia and Herzegovina, and later Kosovo. This series of wars for independence spanned nearly a decade and as Human Rights Watch reports many human rights violations were committed, in addition to the ethnic cleansing of several groups, which left thousands of civilians dead.

After years of Serbian crackdowns in Kosovo, NATO intervention led to the small territory’s liberation and recognition as a United Nations protectorate from 1999-2008. Finally in 2008, Kosovo declared independence and today is recognized by 110 countries as a sovereign state. The road to independence was littered with atrocities and war crimes based on ethnicity. According to Ambassador Shala, “the different groups in Yugoslavia did not feel as if they were citizens. Slavic people are different from Albanians, which was the key feeling for minorities.” Ambassador Shala added that the resulting Yugoslav wars became “Apartheid on the heart of Europe.” From the onset of the conflict, many ethnic Albanians were fired from their jobs, not allowed to attend school or university, and thousands were either killed or imprisoned.

Although, the situation improved under the UN protectorate, according to Ambassador Shala, the UN administration was incompatible with the needs of the Kosovars.  Ambassador Shala commented, “There were UN soldiers on the ground from other countries that had no idea about the needs of the people” and “there was no sustainable vision for the future and no real goals, which led to increased anxiety and frustration.”

Photo taken by Charles Coleman
Photo taken by Charles Coleman

After independence, the leaders of the Republic of Kosovo have made tremendous strides in determining the future of the country. From its inception, the idea has been that Kosovo would be a true democratic society, which embraces its multicultural identity and provides equal rights to all citizens. Today, the country seeks to create partnerships with its neighbors, fully integrate into the international community and become a member of NATO, the European Union, as well as the United Nations. The country is well on its way to succeeding at its stated goals. In 2013, the country had an estimated population of 1.86 million and according to economists as of 2015, Kosovo had a GDP (ppp) of 9140.10 billion USD. There are still some hurdles to cross, namely, not all NATO countries have recognized Kosovo as a nation; this has not stopped the ambitions of the young nation. In a recent interview with EURACTIV, the Brussels based EU policy driven news outlet, Kosovar Foreign Minister Enver Hoxhaj explains how important it is for Kosovo to become a member of both the EU and NATO. Hoxhaj states, “being an EU member is the best way to modernise [sic] politics, the economy and society. For us, it is a modernising [sic] agenda that will allow us to compete with others in the region and to grow.”

 

 

What is the International Criminal Court and Why Should I Care?

Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons
Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons.

What is the International Criminal Court and how did it develop?

The ICC is not a substitute for national courts. It is the only court with global jurisdiction that a state can go to when it cannot carry out the investigation and trial of perpetrators that have committed war crimes, genocide, and crimes against humanity. It is also not to be confused with the Court of Justice which settles disputes between states.  The idea of having an international court first developed in 1948 with the United Nations General Assembly (UN GA). In order to prevent atrocities such as the Holocaust from ever happening again, the UN GA adopted the Convention on the Prevention and Punishment of the Crime of Genocide. This convention called on criminals guilty of committing or creating a genocide to be tried by an international court that did not yet exist. Therefore, the International Law Commission (ILC) was brought in to assess the desirability and feasibility of creating a court with global jurisdiction. During the ILC’s process of drafting a statute, the Cold War halted efforts in creating such a court.

The discussion of establishing an international criminal court was not on the agenda of the international community for many years. It finally resurfaced in 1989 Trinidad and Tobago were battling massive drug trafficking. The UN GA once again called upon the International Law Commission to continue the drafting efforts that were abandoned in the early 1950s. The 1990s brought horrendous genocide, crimes against humanity, and war crimes from all over the world- particularly in Bosnia-Herzegovina and Rwanda. Due to the international climate at the time, the United Nations decided that it could not wait for an international criminal court to develop fully in order to take control of these crimes. Instead, the UN Security Council put in two ad hoc courts in order for individuals to be held accountable for these crimes – the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).

The quest for a permanent international criminal court continued when representatives met in Rome, Italy, from June 15th to July 17th of 1998. A total of 160 countries participated in this conference with the goal of negotiating an international treaty that would serve as the basis for an international criminal court. With 120 votes in favor of such a court, the Rome Statute was adopted, officially creating what we know as the International Criminal Court. The ICC was established in The Hague in the Netherlands, on July 1, 2002 when the Rome Statute entered into force. However, the reach of the court was diminished by the fact that the following countries either did not sign or did not ratify the statute: Bahrain, China, India, Indonesia,  Iraq, Israel, Kuwait, Lebanon, Malaysia, Nepal, Pakistan, Sudan, Thailand, Turkey, Ukraine, the United States, and Yemen. The absence of three permanent members of the UN Security Council – the U.S., China, and Russia – has been a particular challenge for the new court. 

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The International Criminal Court in The Hague. Source: Alkan Boudewijn de Beaumont Chaglar, Creative Commons

How does the International Criminal Court function?

There are four components that make up the ICC: The presidency, Office of the Prosecutor, chambers, and registry.

The Presidency

The presidency is the head of the court that consists of three judges who are elected by an absolute majority by the 18 judges that makeup the Court. One judge is the president and the other two are vice presidents who all serve two three-year terms. The presidency takes on a significant administrative role by representing the Court as a whole to the world and safeguarding the enforcement of sentences levied by the Court itself. It also helps organize the work of the judges.

The Office of the Prosecutor

The office of the prosecutor has one of the most important roles: They conduct investigations and prosecutions. The office of the prosecutor is mandated to “receive and analyze information on situations or alleged crimes within the jurisdiction of the ICC, to analyze situations referred to it in order to determine whether there is a reasonable basis to initiate an investigation into a crime of genocide, crimes against humanity, war crimes or the crime of aggression, and to bring the perpetrators of these crimes before the Court.” Within the office of the prosecutor, there are three divisions: the investigation division, the prosecuting division, and the jurisdiction, complementarity, and cooperation division. The former two divisions are self-explanatory, but the latter’s duty may be a little difficult to understand. The jurisdiction, complementarity, and cooperation division works with the investigation division in analyzing information that is received, as well as, evaluating situations referred to the Court. In order to have a case heard by the ICC, one must go to this division which will either approve or reject a case to be heard. They will judge the legitimacy of a case on the basis of the analyses of information pertaining to that particular situation.

The Chambers

The chambers’ responsibility is to guarantee and carry-out a fair trial. Similar to the office of the prosecutor, there are three divisions within the chambers: the pre-trial chambers, trial chambers, and appeals chambers. The eighteen judges plus the three judges in the presidency (for a total of 21 judges) are assigned to one of these three chambers. The pre-trial chamber is composed of seven judges with one to three judges presiding over each sub-chamber. Their job is to make sure that the investigation and prosecutorial proceedings are fair in order to protect the rights of suspects, witnesses, and victims. After these proceedings are completed, the pre-trial chambers decide whether or not warrants of arrest should be issued, as well as summons to the office of the prosecutor at their request. They also are responsible for confirming or not confirming the charges the suspect has been given. Current cases in the pre-trial stage are the Barasa case of Kenya, the Hussein case of Darfur, Sudan, the Al-Bashir case of Darfur, Sudan, and the Harun and Kushayb case of Darfur, Sudan.

The trials chamber works to ensure the fairness of the trial itself and that such a trial continues to appropriately comply with the rights of suspects. They are also responsible for the needed protection of witnesses and victims in necessary. Along with those roles, this chamber is the one that decides whether a suspect is guilty or innocent of the charges and if guilty, they determine the punishment whether that be through monetary compensation or going to prison (prison time cannot exceed thirty years to a life sentence). Current ongoing trials are as follows: the Gbagbo and Blé Goudé case of Côte d’Ivoire, the Bemba et. al case of the Central African Republic, and the Ntaganda case of the Democratic Republic of the Congo.

The appeals chamber steps in if the guilty plaintiff would like to appeal his or her trial or proceedings that the pre-trials chambers or trials chamber conducted. This chamber is made up of the President of the Court along with four other judges. Just like the appellate courts we have here in the states, the appeals chamber can amend, reverse, or uphold the prior chambers’ decision. In some cases, they may order a new trial with a different trials chamber. Currently, there is one appeals case- the Bemba case of the Central African Republic.

The Registry

The registry supports the Court administratively by ensuring  a fair, impartial, public trial. More specifically, the ICC describes the registry as “the core function of providing administrative and operational support to the Chambers and the Office of the Prosecutor. It also supports the Registrar’s activities in relation to defense, victims, and communication and security matters.” Communication matters consist of having responsibility and authority over the Court’s primary information, as well as outreach services and activities.

600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.
600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.

Why Should I Care?

In summary, the ICC is much more complex than one might think, and rightfully so. This Court gets the worst of the worst cases in terms of cruelty. They try individuals who have been accused of participating in genocide, crimes against humanity, war crimes, etc.  In order to maintain a fair and impartial trial, there are many administrative roles within each division and chamber that work to achieve the goal of accountability. The ICC was a concept that had been thought of long before it was actually established and it is the only permanent international criminal court that tries individual perpetrators.  Some may think that the ICC doesn’t really matter or holds no significant importance when it comes to trying and punishing individuals, but actually, the ICC has a very compelling role in such matters.