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Gender and International Criminal Law Indira Rosenthal (, Faculty of Law, University of Tasmania)

Gender and International Criminal Law By Indira Rosenthal (, Faculty of Law, University of Tasmania)

Gender and International Criminal Law by Indira Rosenthal (, Faculty of Law, University of Tasmania)


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Summary

This book analyses narrow definitions of gender in international criminal law. Jurisprudence blind spots are examined, such as sexual violence against men, and the gendered dimensions of forced marriage and reproductive crimes. It promotes a more nuanced notion of gender to improve accountability for war crimes, genocide and aggression.

Gender and International Criminal Law Summary

Gender and International Criminal Law by Indira Rosenthal (, Faculty of Law, University of Tasmania)

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.

Gender and International Criminal Law Reviews

Winner of the ASIL Women in International Law Interest Group Scholarship Prize 2023

About Indira Rosenthal (, Faculty of Law, University of Tasmania)

Indira Rosenthal consults widely on gender, international human rights and ICL. She has served as Gender Adviser and Legal Adviser with Amnesty International, Legal Counsel with Human Rights Watch's International Justice Program and as a senior government lawyer in the Australian Attorney-General's Department. She publishes on gender issues in her areas of specialism. Valerie Oosterveld is a Professor at the Faculty of Law, Western University (Canada) and the Associate Director of Western's Centre for Transitional Justice and Post-Conflict Reconstruction. She is a member of the Canadian Partnership for International Justice and has published widely on gender issues in ICL. Susana S'aCouto directs the War Crimes Research Office and the Hague Summer Program at American University Washington College of Law, where she teaches courses on ICL, including a seminar on gender and ICL. She has advised and provided legal assistance on ICL issues to international, regional and domestic courts and publishes on issues at the intersection of gender and ICL.

Table of Contents

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

Additional information

NPB9780198871583
9780198871583
0198871589
Gender and International Criminal Law by Indira Rosenthal (, Faculty of Law, University of Tasmania)
New
Hardback
Oxford University Press
2022-07-14
496
Winner of Winner, ASIL Women in International Law Interest Group Scholarship Prize 2023.
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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