Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where a commitment to gender justice does not infuse all stages of the development and implementation of a prosecutorial strategy.
Beth Van Schaack,
Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda as Object Lesson
, 17 Am. U. J. Gender Soc. Pol'y & L. 361
Available at: http://digitalcommons.law.scu.edu/facpubs/95