On 25 January 2022, PJI’s Director Max Marcus joined a panel of experts convened by the Transitional Justice Institute, the Emergent Justice Collective, and the Unit for Global Justice at Goldsmiths, University of London as part of their webinar series on the application of intersectionality in international criminal law.

The panel discussed intersectional approaches to investigations and prosecutions of international crimes, pulling from the broad experience among the panelists. Watch the recording of the panel here and find information about the rest of the intersectionality series here.

Much of the discussion focused on how international crimes investigators and prosecutors can integrate intersectionality in all stages of their work so that the eventual case which reaches the courtroom is designed to achieve genuine, tailored justice for victims and survivors. Ms. Marcus remarked that by the time you get to the courtroom, it is often too late to make a case intersectional. Rather, the process should be fully intentional, and intersectionality should be a consideration from the first witness statement onward in order to shape the case’s narrative in the way that the affected community and individuals want.

Other topics discussed included diverse team composition, positionality on legal teams and in the courtroom, and the fundamental importance of community engagement. Ms. Marcus shared reflections from her work at the Special Court for Sierra Leone and PJI’s engagement with domestic practitioners. Pulling from those experiences, she underscored that community engagement and consultation cannot be an afterthought or extra piece added on to investigations but must be integrated into the process so that international practitioners can fully listen and better understand the complex contexts in which they are working.

Panelists

  • Moderator – Angela Mudukuti: Lawyer specializing in international criminal law and human rights
  • Priya Gopalan: International criminal law and human rights lawyer, specializing in gender; current member for Asia Pacific States in the UN Working Group on Arbitrary Detention
  • Sareta Ashraph: International criminal law barrister, Co-Founder of Atlas Women
  • Prof. Valerie Oosterveld: Professor at Western University’s Faculty of Law, focusing on gender issues in international criminal law