Between mother and father: Gender in personal narratives of children born of war in the context of international criminal justice

This article offers a critical analysis of gender in life-history narratives of children born of war (CBOW) and in the construction of legal recognition of CBOW in recent decisions of the International Criminal Court (ICC). As this article shows, the perceptions of the biological mother and father have shaped narratives by and on this group, albeit to different effects. An analysis of interview and documentary data shows that the mother is perceived by the CBOW participants with critical ambivalence, while the father is a symbol of personal identification, which has informed the participants’ understanding of harm and blame. In light of these findings, this article analyses recent decisions by the ICC and the way the biological mothers and fathers of CBOW are framed by the Court. In reference to gender theory, a critical discussion follows of the images of the ‘good mother’ and the ‘bad father’ the Court is employing to recognize CBOW as victims. The gendered dichotomies at play and their implications are discussed in light of the growing attention paid to CBOW in international criminal law. The findings challenge the recent and still evolving legal narrative on CBOW at the ICC, with implications for how recognition for CBOW might be reimagined in light of their own voices.

The article was published in the Leiden Journal of International Law, available here (open access): https://doi.org/10.1017/S0922156526100879

Author: Lina Stotz