The gendered nature of international criminal courts/tribunals and international criminal and humanitarian law has been widely discussed in feminist literature. However, the idea that international criminal law and the practice of international criminal courts and tribunals could be gendered in a way that does not recognize the harms inflicted upon men has rarely been explored. This paper explores international humanitarian law (IHL), international criminal law (ICL) and the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and aims at showing that the international legal order – which normally privileges the male experience of conflict – does not always recognize the harms inflicted upon men. As a result, this paper argues that the jurisprudence of the ICTY communicates a certain idea of gender which may, ultimately, further entrench the norms which lead to the silencing of male sexual victimization.
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