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January 18, 20260 citations

International System of Justice for Women Perpetrators of International Crimes

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JNJoanna Nowakowska-Małusecka

Key Points

  • The study aims to explore the role of women as perpetrators in international crimes and the rarity of their prosecution in courts.
  • Historical-legal analysis
  • Theoretical-legal examination
  • Comparative analysis
  • Women are often less visible in international crime proceedings due to their lower positions of authority.
  • Despite their involvement, women's participation in crimes is underrepresented in prosecutions by international tribunals.
  • The study discusses the roles of women in armed conflicts and their involvement in gender-based crimes.

Abstract

Women participate in crimes. The majority of perpetrators of the most serious international crimes are men, the largest group of victims are women, children, and other persons belonging to vulnerable groups. However, in contemporary armed conflicts and situations involving mass human rights violations, these roles are often reversed. Not only are many men and boys among the victims of gender-based and sexual crimes, but it is also not uncommon for women to commit such crimes. Examples include events related to conflicts at the end of the 20th century and the beginning of the 21st century and cases pending before international criminal tribunals, as mentioned in the following text. The aim of this study is not only to highlight female perpetrators of international crimes and proceedings before international courts, but also to attempt to answer why, despite the unfortunate visibility of women's participation in crimes, proceedings before international courts are rare. The following research methods were used in this text: historical-legal, theoretical-legal, and, to a lesser extent, comparative. To summarize the problem presented, it should be stated that women are less visible because they do not hold high office, do not make key decisions, and are less likely to give orders. And given that international tribunals primarily prosecute those most responsible, women are not among them. It does not mean, however, that they do not commit crimes. Nor does it mean that they do not favor perpetrators, that they do not support and help them, that they just stand by.

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Cite This Study

Joanna Nowakowska-Małusecka (2026) studied this question.

synapsesocial.com/papers/696c772aeb60fb80d13957c5https://doi.org/10.15290/eejtr.2025.09.01.01
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