Feminist Engagement With International Criminal Law

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Feminist Engagement with International Criminal Law

Author : Eithne Dowds
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921907
Total Pages : 237 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Feminist Engagement with International Criminal Law by : Eithne Dowds

Download or read book Feminist Engagement with International Criminal Law written by Eithne Dowds and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Susan Harris Rimmer
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363921
Total Pages : 592 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Feminist Engagement with International Law by : Susan Harris Rimmer

Download or read book Research Handbook on Feminist Engagement with International Law written by Susan Harris Rimmer and published by Edward Elgar Publishing. This book was released on 2019 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Gender Justice at the International Criminal Court

Author : Louise A. Chappell
Publisher : Oxford University Press
ISBN 13 : 019992791X
Total Pages : 299 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Politics of Gender Justice at the International Criminal Court by : Louise A. Chappell

Download or read book The Politics of Gender Justice at the International Criminal Court written by Louise A. Chappell and published by Oxford University Press. This book was released on 2016 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive volume on gender and the ICC, this book makes substantial contributions to the fields of feminist international relations, feminist institutionalism, and historical institutionalism.

Gender and International Criminal Law

Author : Indira Rosenthal
Publisher : Oxford University Press
ISBN 13 : 0198871589
Total Pages : 497 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Gender and International Criminal Law by : Indira Rosenthal

Download or read book Gender and International Criminal Law written by Indira Rosenthal and published by Oxford University Press. This book was released on 2022-07-14 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Sari Kouvo
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255850
Total Pages : 334 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Feminist Perspectives on Contemporary International Law by : Sari Kouvo

Download or read book Feminist Perspectives on Contemporary International Law written by Sari Kouvo and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law

Author : Doris E Buss
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 330 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Law by : Doris E Buss

Download or read book International Law written by Doris E Buss and published by Hart Publishing. This book was released on 2005-06-21 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist scholars to explore the directions and tensions in feminist engagement with various areas of international law.

Contesting Femicide

Author : Adrian Howe
Publisher : Routledge
ISBN 13 : 1351068024
Total Pages : 221 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Contesting Femicide by : Adrian Howe

Download or read book Contesting Femicide written by Adrian Howe and published by Routledge. This book was released on 2018-09-03 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Grip of Sexual Violence in Conflict

Author : Karen Engle
Publisher : Stanford University Press
ISBN 13 : 1503611256
Total Pages : 346 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Grip of Sexual Violence in Conflict by : Karen Engle

Download or read book The Grip of Sexual Violence in Conflict written by Karen Engle and published by Stanford University Press. This book was released on 2020-04-07 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Governance Feminism

Author : Janet Halley
Publisher : U of Minnesota Press
ISBN 13 : 1452958696
Total Pages : 465 pages
Book Rating : 4.4/5 (529 download)

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Book Synopsis Governance Feminism by : Janet Halley

Download or read book Governance Feminism written by Janet Halley and published by U of Minnesota Press. This book was released on 2019-03-26 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary, multifaceted look at feminist engagements with governance across the global North and global South Governance Feminism: Notes from the Field brings together nineteen chapters from leading feminist scholars and activists to critically describe and assess contemporary feminist engagements with state and state-like power. Gathering examples from North America, South America, Europe, Asia, and the Middle East, it complements and expands on the companion volume Governance Feminism: An Introduction. Its chapters argue that governance feminism (GF) is institutionally diverse and globally distributed—emerging from traditional sites of state power as well as from various forms of governance and operating at the grassroots level, in the private sector, in civil society, and in international relations. The book begins by confronting the key role that crime and punishment play in GFeminist projects. Here, contributors explore the ideological and political conditions under which this branch of GF became so robust and rethink the carceral turn. Other chapters speak to another face of GFeminism: feminists finding, in mundane and seemingly unspectacular bureaucratic tools, leverage to bring about change in policy and governance practices. Several contributions highlight the political, strategic, and ethical challenges that feminists and LGBT activists must negotiate to play on the governmental field. The book concludes with a focus on feminist interventions in postcolonial legal and political orders, looking at new policy spaces opened up by conflict, postconflict, and occupation. Providing a clear, cross-cutting, critical lens through which to map developments in feminist governance around the world, Governance Feminism: Notes from the Field makes sense of the costs and benefits of current feminist realities to reimagine feminist futures. Contributors: Libby Adler, Northeastern U; Aziza Ahmed, Northeastern U; Elizabeth Bernstein, Barnard College; Amy J. Cohen, Ohio State U; Karen Engle, U of Texas at Austin; Jacob Gersen, Harvard U; Leigh Goodmark, U of Maryland; Aeyal Gross, Tel Aviv U; Aya Gruber, U of Colorado, Boulder; Janet Halley, Harvard U; Rema Hammami, Birzeit U, Palestine; Vanja Hamzić, U of London; Isabel Cristina Jaramillo-Sierra; Prabha Kotiswaran, King’s College London; Maleiha Malik, King’s College London; Vasuki Nesiah, New York U; Dianne Otto, Melbourne Law School; Helen Reece; Darren Rosenblum, Pace U; Jeannie Suk Gersen, Harvard U; Mariana Valverde, U of Toronto.

International Criminal Law and Sexual Violence against Women

Author : Daniela Nadj
Publisher : Routledge
ISBN 13 : 1317228189
Total Pages : 280 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Criminal Law and Sexual Violence against Women by : Daniela Nadj

Download or read book International Criminal Law and Sexual Violence against Women written by Daniela Nadj and published by Routledge. This book was released on 2018-05-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

International Criminal Justice

Author : Gideon Boas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Feminist Engagement with the Law

Author : Elizabeth Comack
Publisher : Canadian Research Institute for the Advancement of Women = Institut canadien de recherches sur les femmes
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (7 download)

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Book Synopsis Feminist Engagement with the Law by : Elizabeth Comack

Download or read book Feminist Engagement with the Law written by Elizabeth Comack and published by Canadian Research Institute for the Advancement of Women = Institut canadien de recherches sur les femmes. This book was released on 1993 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyzes the decision by the Supreme Court of Canada in Lavallee [R. v. Lavallee (1990)] to recognize the Battered Woman Syndrome as relevant in cases involving women defendants who kill their abusive partners. The author suggests that, while there is much in the decision which would lead feminists to consider 'Lavalee' to be a benefit, the decision also legitimates the power of the 'psy' professions to interpret an abused woman's experiences. Accordingly, the Battered Woman Syndrome is criticized as offering an account which individualizes, medicalizes and depoliticizes the abuse. The discussion concludes with a consideration of the implications of the recognition for feminists.

The boundaries of international law

Author : Hilary Charlesworth
Publisher : Manchester University Press
ISBN 13 : 152616356X
Total Pages : 431 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The boundaries of international law by : Hilary Charlesworth

Download or read book The boundaries of international law written by Hilary Charlesworth and published by Manchester University Press. This book was released on 2022-04-19 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike.

Women Defendants and International Law

Author : SHERI. LABENSKI
Publisher : Routledge
ISBN 13 : 9780367245238
Total Pages : 0 pages
Book Rating : 4.2/5 (452 download)

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Book Synopsis Women Defendants and International Law by : SHERI. LABENSKI

Download or read book Women Defendants and International Law written by SHERI. LABENSKI and published by Routledge. This book was released on 2024-07-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Recovering Subversion

Author : Nivedita Menon
Publisher : Orient Blackswan
ISBN 13 : 9788178240855
Total Pages : 296 pages
Book Rating : 4.2/5 (48 download)

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Book Synopsis Recovering Subversion by : Nivedita Menon

Download or read book Recovering Subversion written by Nivedita Menon and published by Orient Blackswan. This book was released on 2004 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Is About The Relation Between Law And Feminist Politics. The Area It Traverses Ranges From Feminist Initiatives On Sexual Harassment To The Parity Movement In France.

Feminist Dialogues on International Law

Author : Gina Heathcote
Publisher : Oxford University Press
ISBN 13 : 0191508209
Total Pages : 240 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Feminist Dialogues on International Law by : Gina Heathcote

Download or read book Feminist Dialogues on International Law written by Gina Heathcote and published by Oxford University Press. This book was released on 2019-01-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

Gender Politics in Transitional Justice

Author : Catherine O'Rourke
Publisher : Routledge
ISBN 13 : 1135983690
Total Pages : 278 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Gender Politics in Transitional Justice by : Catherine O'Rourke

Download or read book Gender Politics in Transitional Justice written by Catherine O'Rourke and published by Routledge. This book was released on 2013-08-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.