Justice as Conflict of Recognition

PRIF Working Paper: Sexual gender-based violence as part of international law

International Criminal Court (Picture: UN Photo/Rick Bajornas #672028)

View of the International Criminal Court premises (Picture: UN Photo/Rick Bajornas)

Recognition is a multi-faceted concept. In IR theory it also seems to be an undervalued concept as it only focuses on the relationship between states and the mutual recognition of identities as well as cultural and religious differences. Honneth’s concept of recognition as leading principle of social relations dominates the debates in political theory. Besides this focus on intersubjective agency, the recognition of rights and human rights also plays a role in political theory. The working paper “Justice as Conflict of Recognition: The Case of SGBV in the Rome Statute and in the ICC“ by Simone Wisotzki focuses on this approach and argues that the emergence of certain human rights can be grasped through drawing on concept of recognition of rights. The paper therefore relies on the approach of Jens Bartelson who summarizes the debate on states’ recognition under the heading of “three dimensions of recognition”: the moral/social, political and legal recognition. The working paper draws on this conceptual clarification and relates it to the recognition of rights. It argues that the recognition of sexual gender-based violence (SGBV) as part of international law can be explained by relying on Bartelson’s concept as heuristic. The working paper traces the norm emergence process of SGBV from its social, political and its final legal recognition as part of the Rome Statute of the International Criminal Court (ICC). Nevertheless, the attempt of the NGO-network to strengthen individual women’s rights during the negotiations of the Rome Statute was opposed by certain states blocking a broader definition of gender-based crimes.

This PRIF Working Paper is available as a free download.