ABSTRACT
The Conclusion summarises the main findings, potential contributions and areas of future research. The research demonstrated that state and non-state actors drove the ICC negotiations of war rape and forced marriage. Their understanding of the two crimes was influenced by international, national and personal normative structures. Key actors shaped the definition process through research and policy analysis, producing reports and proposals, lobbying, and through serving on state delegations. Ultimately, actors’ incompatible mandates, divergent or non-existent precedents, the policy of unanimity, differences in standing between state and non-state actors and the work in coalitions made different definitions of war rape and forced marriage unlikely. By analysing the ICC negotiations of war rape and forced marriage in depth, the research project contributes a better understanding of the negotiation process as well as of forced marriage as a crime committed during armed conflicts, raising awareness. The book also highlights relevant factors that need to be considered when criminalising sexualised war violence under international law, contributing to debates on the nature of international law-making. As the definitions of war rape and forced marriage advocated in this book are survivor-oriented and better reflect their experiences as well as the nature of the crimes, they are important for post-conflict justice. They indicate the importance of a holistic post-conflict approach to sexualised war violence. The analysis also demonstrates that NGOs are well-placed to teach progressive views on sexualised war violence and how to holistically address it to a variety of stakeholders.
