Yoshida, Keina
(2015)
The cinematic jurisprudence of gender crimes: the ICTY and film.
PhD thesis, London School of Economics and Political Science.
Abstract
In 2011, the International Criminal Tribunal for the former Yugoslavia (ICTY) produced and released a documentary film entitled “Sexual Violence and the Triumph of Justice.” The documentary available on the Tribunal website is the first film produced by the Tribunal in a series of documentaries arranged thematically and geographically. In declaring a triumph of justice and by highlighting the work of feminist lawyers and judges, the official narrative seeks to reassure the international community that progress is being made in holding individuals responsible for gender crimes. The availability of the online streaming of proceedings, documentary production and visual archives allow for greater visibility of the Tribunal, including its work on sexual violence. However, these visual resources also mask what occurs off screen. My thesis problematises this official progressive narrative by turning to fictional filmic narratives about sexual violence perpetrated during the Bosnian conflict. By bringing together the literature on gender crimes and the embryonic research on film and war crimes trials, I argue through a case study of the ICTY that fictional films
can show us what the law is refusing or unable to make visible.
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