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Allison Wells

2011

Public Law and Legal Theory

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The Expresive Necessity Of Gender-Based Violence Prosecutions, Allison Wells Feb 2011

The Expresive Necessity Of Gender-Based Violence Prosecutions, Allison Wells

Allison Wells

Despite the recent prominence of the Rome Statute’s stance against gender-based violence (“GBV”), many view international anti-GBV prosecutorial powers as ineffective and unenforceable. While acknowledging such pitfalls, this note opts to focus on the broad expressive value of landmark anti-GBV measures. Although their case-by-case tangible benefits may be unclear, anti-GBV prosecutions are an expressive necessity in that they: (1) support the further development of international criminal law; (2) represent and reiterate broad support for the international shift in views on sexual violence; and (3) help solidify new public norms regarding GBV as a reprehensible tool of war. In discussing the …