Feminist Engagement with International Criminal Law

Feminist Engagement with International Criminal Law PDF

Author: Eithne Dowds

Publisher: Bloomsbury Publishing

Published: 2020-01-23

Total Pages: 280

ISBN-13: 1509921915

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This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Research Handbook on Feminist Engagement with International Law

Research Handbook on Feminist Engagement with International Law PDF

Author: Susan Harris Rimmer

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 592

ISBN-13: 1785363921

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For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.

Gender and International Criminal Law

Gender and International Criminal Law PDF

Author: Indira Rosenthal

Publisher: Oxford University Press

Published: 2022-07-14

Total Pages: 497

ISBN-13: 0198871589

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The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

International Law

International Law PDF

Author: Doris E Buss

Publisher: Hart Publishing

Published: 2005-06-21

Total Pages: 330

ISBN-13:

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This book brings together feminist scholars to explore the directions and tensions in feminist engagement with various areas of international law.

Feminist Perspectives on Contemporary International Law

Feminist Perspectives on Contemporary International Law PDF

Author: Sari Kouvo

Publisher: Bloomsbury Publishing

Published: 2014-10-01

Total Pages: 250

ISBN-13: 1847316476

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The essays in this volume analyse feminism's positioning vis-à-vis international law and the current paradigms of international law. The authors argue that, willingly or unwillingly, feminist perspectives on international law have come to be situated between 'resistance' and 'compliance'. That is, feminist scholarship aims at deconstructing international law to show why and how 'women' have been marginalised; at the same time feminists have been largely unwilling to challenge the core of international law and its institutions, remaining hopeful of international law's potential for women. The analysis is clustered around three themes: the first part, theory and method, looks at how feminist perspectives on international law have developed and seeks to introduce new theoretical and methodological tools (especially through a focus on psychoanalysis and geography). The second part, national and international security, focuses on how feminists have situated themselves in relation to the current discourses of 'crisis', the post-9/11 NGO 'industry' and the changing discourses of violence against women. The third part, global and local justice, addresses some of the emerging trends in international law, focusing especially on transitional justice, state-building, trafficking and economic globalisation.

Feminist Engagement with International Criminal Law

Feminist Engagement with International Criminal Law PDF

Author: Eithne Dowds

Publisher: Bloomsbury Publishing

Published: 2020-01-23

Total Pages: 237

ISBN-13: 1509921907

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This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Contesting Femicide

Contesting Femicide PDF

Author: Adrian Howe

Publisher: Routledge

Published: 2018-09-03

Total Pages: 221

ISBN-13: 1351068024

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Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart’s innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women’s experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart’s own focal concerns, this book both honours and extends Smart’s work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law’s power to disqualify women’s experiences of violence while privileging men’s feelings and rights.

Women Defendants and International Law

Women Defendants and International Law PDF

Author: Sheri Labenski

Publisher: Routledge

Published: 2024

Total Pages: 0

ISBN-13: 9780367245238

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This book addresses the largely neglected place of women defendants in contemporary international criminal law, beyond the construction of women as victims, and asks what the analysis of women perpetrators, defendants and suspects reveals about international criminal law, the media and feminism. The book uses the topic of women perpetrators, defendants and suspects as a way to explore the concept of legal subjectivity via a gender analysis. It highlights how women perpetrators, defendants and suspects are constituted through three spheres, namely the areas of international criminal law, the media and feminism. In examining the relationship between women perpetrators, defendants and suspects and each of these spheres, the book exposes embedded gender biases and structural gender fractures. These reveal that problematic assumptions about how gender operates in conflict are embedded in the very foundations of legal imaginations. Ultimately, the book argues that this has far reaching consequences, beyond its impact on current understandings of armed conflict. Rather, these assumptions should be a concern for us all, even in times of peace. This book will be of use to legal academics and practitioners interested in gender within international criminal law, as well as those concerned with contemporary feminist approaches to law.

The Grip of Sexual Violence in Conflict

The Grip of Sexual Violence in Conflict PDF

Author: Karen Engle

Publisher: Stanford University Press

Published: 2020-04-07

Total Pages: 346

ISBN-13: 1503611256

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Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.

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