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Women Defendants and International Law

Women Defendants and International Law
Author: Sheri Labenski
Publisher:
Total Pages: 0
Release: 2024
Genre: Feminist jurisprudence
ISBN: 9781032796758

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"This book addresses the largely neglected place of female defendants in contemporary international criminal law, beyond the construction of women as victims, and asks what the analysis of female perpetrators, defendants and suspects reveals about international criminal law, the media and feminism. The book uses the topic of female 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"--


Women Defendants and International Law

Women Defendants and International Law
Author: Sheri Labenski
Publisher: Taylor & Francis
Total Pages: 169
Release: 2024-07-05
Genre: Law
ISBN: 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.


Gender and International Criminal Law

Gender and International Criminal Law
Author: Indira Rosenthal
Publisher: Oxford University Press
Total Pages: 497
Release: 2022-07-14
Genre: Criminal law
ISBN: 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.


Portraits of Women in International Law

Portraits of Women in International Law
Author: Tallgren
Publisher: Oxford University Press
Total Pages: 561
Release: 2023-05-11
Genre: Law
ISBN: 0198868456

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Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.


Sex and Gender Crimes in the New International Law

Sex and Gender Crimes in the New International Law
Author: Alona Hagay-Frey
Publisher: BRILL
Total Pages: 198
Release: 2011-06-22
Genre: Law
ISBN: 900421593X

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Much remains to be achieved to protect women during conflict. This book analyzes the way that international law has contended with sex and gender crimes and examines the need for a separate recognition of sex and gender crimes under international criminal law.


Feminist Dialogues on International Law

Feminist Dialogues on International Law
Author: Gina Heathcote
Publisher: Oxford University Press
Total Pages: 240
Release: 2019-01-17
Genre: Law
ISBN: 0191508209

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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.


Women's Rights in Armed Conflict under International Law

Women's Rights in Armed Conflict under International Law
Author: Catherine O'Rourke
Publisher: Cambridge University Press
Total Pages: 419
Release: 2020-09-24
Genre: Law
ISBN: 1108628311

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Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.


Violence against women's health in international law

Violence against women's health in international law
Author: Sara De Vido
Publisher: Manchester University Press
Total Pages: 273
Release: 2020-06-12
Genre: Law
ISBN: 152612498X

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This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women’s health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women’s rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women’s health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women’s autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal ‘inter-personal’, and vertical ‘state policies’. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States’ obligations and eventually asks whether international law itself is the ultimate cause of violence against women’s health.


Gender and the Law of the Sea

Gender and the Law of the Sea
Author: Irini Papanicolopulu
Publisher: BRILL
Total Pages: 388
Release: 2019-05-07
Genre: Law
ISBN: 9004375171

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Gender and the Law of the Sea successfully establishes the relevance of gender at sea and posits that feminist perspectives can help develop a more inclusive law for the oceans.