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Gender and International Criminal Law


ISBN13: 9780198871583
Published: July 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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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.

Subjects:
International Criminal Law
Contents:
Misconceptions and Misunderstandings about Gender in International Criminal Law
1:What is 'Gender' in International Criminal Law?
Indira Rosenthal, Valerie Oosterveld, Susana SáCouto
2:The Gendered Framework of International Humanitarian Law and the Development of International Criminal Law
Judith Gardam, Michelle Jarvis
3:A Feminist Critique of Approaches to International Criminal Justice in the Age of Identity Politics: A Case Study of Conflict-Related Sexual Violence Prosecutions before the International Criminal Tribunal for the Former Yugoslavia
Kirsten Campbell, Gorana Mlinarević
Expanding Approaches to Gender in International Criminal Law: Beyond 'Gender = Women' and 'Gender = Crimes of Sexual Violence'
4:Sexual Violence Against Men in Contemporary Warfare
Dubravka Žarkov
5:Children, Gender and International Criminal Justice
Gloria Atiba-Davies, Leo Nwoye
6:The International Crimes of Slavery and the Slave Trade: A Feminist Critique
Patricia Viseur-Sellers, Jocelyn Getgen Kestenbaum
7:Victory for Women and LGBTIQ Rights under International Criminal Law: Gender in the Draft Crimes against Humanity Treaty, Lisa Davis
Danny Bradley
8:Gender Dimensions of Forced Marriage in International Criminal Law
Melanie O'Brien
9:Reproductive Crimes in International Criminal Law
Rosemary Grey
10:Using International Criminal Law to Curb Discriminatory Practices Against Females: The Case of Female Genital Mutilation
Antonia Mulvey
Engendering Justice: The Future of International Criminal Law
11:'Gender-Inclusivity' in the International Criminal Court's First Reparation Proceedings
Jonathan O'Donohue, Rosemary Grey
12:Gender and the Implementation of International Criminal Law in the Latin American Region
Daniela Kravetz
13:Fragmentation Fears or Interaction Opportunities? The Role and Potential of International Human Rights Law in Shaping International Criminal Law's Gender Jurisprudence
Catherine O'Rourke
14:Contemporary Armed Conflict and Gender
Helen Durham, Laura Green
15:Is International Criminal Law Particularly Impervious to Feminist Reconstruction? Legally Authorized Resistances to Feminist Judging
Dianne Otto