ESPERIENZE DI (IN)GIUSTIZIA PER LE VITTIME DI GENOCIDIO

Abstract

In the context of genocide, international criminal law articulates the “truth” about a situation, asserting for example that
victimization in genocide occurs mainly through rape. Consequently, international criminal dictates which harms are “extraordinary” such as rape, for example, and who can speak about them. It follows that when international criminal law is
dealing with genocide’s victims, there appear to be two interconnected, troubling effects. Firstly, we have the exclusion of
harm suffered by some victims with the focus specifically on certain victims and thus in the process, we witness the construction of an ideal victim subject, and secondly, the manufacture of a hierarchy of victims takes shape. This contribution
contends that by focusing exclusively on rape as a genocide crime other forms of victimization which occur during genocide
are not taken in full consideration. Consequently, and for such reason, it is difficult to argue that international criminal law
as we know it can fully provide justice to all victims of genocide.