Feminist Engagement with International Criminal Law
Feminist Engagement with International Criminal Law

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.

Feminist Engagement in International Criminal Law
Feminist Engagement in International Criminal Law

Author: Sarah El Saeed

Publisher:

Published: 2014

Total Pages: 136

ISBN-13:

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Abstract: This text aims at providing a broad analytical historiography of feminist engagement in international criminal law from the early 20th century until the formation of the modern international legal field with the drafting of the Rome Statute and establishment of the International Criminal Court. It traces the evolvement and coming of age of both the global feminist movement and the international criminal legal project, and the manner in which they came to intersect. The text outlines the modes and methods of feminist engagement in the field, provides a proposed model of the involvement of feminist typologies in international criminal law, and specifically examines the manner in which liberal feminism, versus others, has interacted with various areas of international law.

Research Handbook on Feminist Engagement with International Law
Research Handbook on Feminist Engagement with International Law

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.

Feminist Engagement with International Criminal Law
Feminist Engagement with International Criminal Law

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.

The Politics of Gender Justice at the International Criminal Court
The Politics of Gender Justice at the International Criminal Court

Author: Louise A. Chappell

Publisher: Oxford University Press

Published: 2016

Total Pages: 299

ISBN-13: 019992791X

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This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.

International Law
International Law

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.

Gender and International Criminal Law
Gender and International Criminal Law

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.

Feminist Perspectives on Contemporary International Law
Feminist Perspectives on Contemporary International Law

Author: Sari Kouvo

Publisher: Bloomsbury Publishing

Published: 2014-09-18

Total Pages: 334

ISBN-13: 1782255850

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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.

Women Defendants and International Law
Women Defendants and International Law

Author: Sheri Labenski

Publisher: Taylor & Francis

Published: 2024-07-05

Total Pages: 169

ISBN-13: 1040051553

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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.

Sex and Gender Crimes in the New International Law
Sex and Gender Crimes in the New International Law

Author: Alona Hagay-Frey

Publisher: BRILL

Published: 2011-06-22

Total Pages: 198

ISBN-13: 900421593X

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In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.