International Law Feminist Approaches to International Law
by
Dianne Otto
  • LAST REVIEWED: 20 May 2016
  • LAST MODIFIED: 23 March 2012
  • DOI: 10.1093/obo/9780199796953-0055

Introduction

Feminist perspectives have informed the development of international law at least since the early 20th century, when women’s international peace organizations supported the development of international law and international institutions in the hope that they would provide a means to resolve international disputes peacefully. These and other early feminist efforts bore some fruit, notably with provision for greater protections for civilians in the context of armed conflict, the adoption of antitrafficking treaties, and International Labour Organization (ILO) conventions concerned with women’s conditions of employment. However, this engagement with international law was largely uncritical. International law was understood as a hopeful site for feminist engagement; as providing a means for the improvement of women’s lives as well as enabling a permanent peace. By the mid-1980s, more critical feminist approaches were emerging as it was becoming clear that the law was largely impervious to feminist concerns, with women’s issues marginalized by specialist institutions and instruments, and women still being treated protectively rather than as full rights-bearing subjects of the law. It is at this point that the following bibliography commences, with the emergence of feminist structural and postcolonial critiques of international law, which examined its normative and institutional structures, finding them deeply committed to masculinist and imperial power and therefore in need of significant reconstruction. Feminist approaches to international law have always fallen under a very broad umbrella, resulting in dynamic engagements with the law and its fraternity, as well as passionate internal critique and self-reflection. Feminism’s basic commitment can be described as the struggle to realize women’s equality, but the reality is that multiple strands of feminism have been used to inform international legal theories and practices, and women’s “equality” is considered by some to be an inadequate aspiration. Postcolonial and critical race feminisms have a particularly significant role to play in a field of law that grew from European as well as patriarchal origins. And more recently, the challenge to fully denaturalize “gender” and treat it as an entirely social category has highlighted the importance of questioning the received male/female duality and examining the new possibilities that more fluid conceptions of gender and sexuality open for analyzing the law’s enduring exclusionary effects. Feminist engagements with international law have fostered a vast and diverse literature—marked by both hopefulness and despair, by creative advocacy as well as deepening critique—which touches on every branch or subdiscipline of international law.

General Overviews: Anthologies and Treatises

Edited collections have played a catalytic role in fostering feminist scholarship in international law, encouraging fruitful collaborations and providing a means to represent the breadth of feminist perspectives. Those providing a general overview typically bring together both theory and practice in a number of fields of law, drawing attention to the often harsh realities of women’s everyday lives and the failure of the law to address them (Dallmeyer 1993, Wing 2000, Buss and Manji 2005, Kouvo and Pearson 2011). There are as yet few general theses that provide a comprehensive feminist reading of the core elements of the discipline, the notable exception being the pioneering analysis of Charlesworth and Chinkin 2000. Other literature that provides a “general overview” of international law, including textbooks, has been slow to integrate feminist approaches. There are, as yet, few examples of mainstream scholarly engagement with feminist issues, although there are some thoughtful reflections by way of book reviews (Koskenniemi 1995, Alvarez 2001) and an early response from a Kantian perspective (Tesón 1992–1993). Many of the subdisciplinary fields of international law also boast groundbreaking feminist treatises and edited collections. These works are included in this bibliography when the literature in their subdisciplines is discussed. See particularly The Use of Force, International Humanitarian Law, International Criminal Law, and International Human Rights Law.

  • Alvarez, Jose E. “Book Review: The Boundaries of International Law: A Feminist Analysis.” American Journal of International Law 95 (2001): 459–464.

    DOI: 10.2307/2661427Save Citation »Export Citation »E-mail Citation »

    Welcoming this volume as the summing up of a decade of pathbreaking feminist scholarship in international law, the author highlights some significant gaps, notably engagement with the issues of economic globalization and religious fundamentalism, while nevertheless acknowledging that it offers many springboards for new insights and the further development of feminist analysis.

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    • Buss, Doris, and Ambreena Manji, eds. International Law: Modern Feminist Approaches. Oxford and Portland, OR: Hart, 2005.

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      This collection provides a “snapshot” of the breadth of contemporary feminist engagement with international law, drawing together a range of feminist theoretical perspectives and analyses from a number of subdisciplines. Contributors explore the limits and the possibilities of this engagement in changing global circumstances.

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      • Charlesworth, Hilary, and Christine Chinkin. The Boundaries of International Law: A Feminist Analysis. Melland Schill Studies in International Law. Manchester, UK: Manchester University Press, 2000.

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        The authors urge a rethinking of the boundaries of international law, which have been shaped, conceptually and substantively, by men and male perspectives, reproducing hierarchies based on gendered assumptions. They subject the major topics of international law textbooks to feminist analysis, providing a compelling critical analysis of traditional legal doctrine.

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        • Dallmeyer, Dorinda G., ed. Reconceiving Reality: Women and International Law. Studies in Transnational Legal Policy No. 25. Washington, DC: The American Society of International Law, 1993.

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          The first collection of critical feminist scholarship in international law showcases the variety of issues that inspired the emergence of critical feminist perspectives, including the marginalization of women and women’s concerns in the discipline, the lack of state responsibility for the conduct of private actors, and the gendered effects of the laws of armed conflict.

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          • Koskenniemi, Martti. “Book Review: Dallmeyer, Dorinda G. (ed.). Reconceiving Reality: Women and International Law.” American Journal of International Law 89 (1995): 227–230.

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            The author remarks upon the tensions between reformism and the total reimagination of international law, which emerge from this pioneering collection. Torn between viewing this as inconsistency or theoretical sophistication, and discomforted by the emphasis on personal experience, he ultimately defends the importance of law’s capacity to create a distance from immediate fears and hopes, even if it is partial and formal.

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            • Kouvo, Sari, and Zoe Pearson, eds. Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance? Onati International Series in Law and Society. Oxford: Hart, 2011.

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              The tensions inherent in feminist engagement with international law, treating it as a means of changing women’s lives while also arguing that it is a discipline in need of reconstruction, animates this collection, which is organized around three contemporary themes: developments in theory and method, national and international security, and global and local justice.

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              • Tesón, Fernando R. “Feminism and International Law: A Reply.” Virginia Journal of International Law 33 (1992–1993): 647–684.

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                From the perspective of his Kantian theory of international law, the author criticizes the conflation of liberal and radical feminism in feminist critiques of international law, arguing that while liberal feminism has important things to say about international law, radical feminism is fundamentally inconsistent with a view of international law founded on individual human dignity, autonomy, and rights.

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                • Wing, Adrien Katherine, ed. Global Critical Race Feminism: An International Reader. New York: New York University Press, 2000.

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                  This anthology brings together feminist perspectives on laws that are concerned with the complex relationships between feminist, antiracist, and postcolonial struggles. While most contributors are United States based and many are concerned with the treatment of women of color by domestic legal systems, the theoretical and practical dilemmas discussed are also pertinent to international law.

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                  Public International Law

                  The arrival of (critical) “feminist approaches to international law” is commonly traced to an article of that name, published in the American Journal of International Law in 1991 (Charlesworth, et al. 1991). Since then, feminist engagements with the discipline have multiplied and have led to many successful developments, including widespread commitment to Gender Mainstreaming in the interpretation and application of the law, and normative change, particularly in the fields of International Human Rights Law, refugee law, and International Criminal Law. However, these successes generally fall well short of feminist aspirations for transformative change in the underlying conceptual and structural framework of the discipline itself. Torn between applauding normative developments that it is hoped will result in material improvements in women’s lives, and furthering feminist critiques of the gendered commitments that underpin the system as a whole, many positive assessments of feminist gains also exhibit a keen awareness of the attendant complexities, distorting conditionalities, and unintended consequences, which weigh heavily (Chinkin 1997, Chinkin, et al. 2005, Otto 2009, Charlesworth 2011). Having successfully injected feminist ideas into many areas of the discipline, scholars and activists have then been alarmed about the ends to which those ideas are employed in International Institutions and decision-making, particularly about the risk that they end up legitimating existing hierarchies of global imperial and masculinist power (Orford 2002, Halley, et al. 2006). The analyses and perspectives of Third World feminists have played a key role in shaping and maintaining the critical orientation of feminist approaches to international law (Nesiah 2003).

                  • Charlesworth, Hilary. “Talking to Ourselves? Feminist Scholarship in International Law.” In Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance? Onati International Series in Law and Society. Edited by Sari Kouvo and Zoe Pearson, 17–32. Oxford: Hart, 2011.

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                    This article responds to the suggestion that feminism has come to exercise considerable power in international law, arguing that while this is an overstatement that relies on a narrow conceptualization of feminist engagements, its proponents nevertheless offer valuable insights about the complexities of feminist commitments to normative development as well as critique.

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                    • Charlesworth, Hilary, Christine Chinkin, and Shelley Wright. “Feminist Approaches to International Law.” American Journal of International Law 85 (1991): 613–645.

                      DOI: 10.2307/2203269Save Citation »Export Citation »E-mail Citation »

                      An intensely challenging analysis of the “masculine world” sustained by international law’s organizational structure and normative underpinnings, urging the application of domestic feminist legal theories and methods to international law, including feminist critiques of legal rights and of the public/private distinction.

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                      • Chinkin, Christine. “Feminist Interventions into International Law.” Adelaide Law Review 19 (1997): 13–24.

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                        Caught between celebrating the achievements of feminist interventions into international law and despairing about the lack of transformative change that has resulted, this assessment concludes that the feminist project has been largely contained to a question of women’s rights and thus has had little impact on mainstream international legal institutions, doctrines, sources, and methods.

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                        • Chinkin, Christine, Hilary Charlesworth, and Shelley Wright. “Feminist Approaches to International Law: Reflections from Another Century.” In International Law: Modern Feminist Approaches. Edited by Doris Buss and Ambreena Manji, 17–45. Portland, OR: Hart, 2005.

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                          In a sobering reflection, the authors consider developments in international law over the fifteen years since their joint article was published in the American Journal of International Law in 1991, noting increased visibility of the language of feminism but often to ends that are not of benefit to women.

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                          • Halley, Janet, Prabha Kotiswaran, Hila Shamir, and Chantal Thomas. “From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism.” Harvard Journal of Law and Gender 29.2 (2006): 335–423.

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                            The four authors critically examine feminist projects in international law concerning wartime sexual violence and trafficking/prostitution, arguing that some feminists and feminist ideas have become sufficiently institutionalized to be described as “governance feminism,” whereby significant power is wielded but with little concern about the costs of participation in nonfeminist technologies of power.

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                            • Nesiah, Vasuki. “The Ground beneath Her Feet: TWAIL Feminisms.” In The Third World and International Order: Law, Politics and Globalization. Edited by Antony Anghie, Karen Mickelson, and Obiora Okafor, 133–143. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2003.

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                              Through the plurality of Third World feminist debates on the veil, which throw the terms of the debate into question while also opening new spaces for hope, this chapter highlights the heterogeneity of Third World feminisms and the constantly “shifting ground” of their political positions.

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                              • Orford, Anne. “Feminism, Imperialism and the Mission of International Law.” Nordic Journal of International Law 71 (2002): 275–296.

                                DOI: 10.1163/157181002761931387Save Citation »Export Citation »E-mail Citation »

                                This article critically examines the ways that feminists are invited to participate in the existing projects of international law, warning of the danger that participation on these terms may end up facilitating militarized economic globalization in the name of protecting the interests of women and promoting their human rights.

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                                • Otto, Dianne. “The Exile of Inclusion: Reflections on Gender Issues in International Law over the Last Decade.” Melbourne Journal of International Law 10 (2009): 11–26.

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                                  This analysis of the first decade of feminist engagement with international law in the 21st century weighs the institutional spread of feminist ideas, and the increased activism of local women’s groups it has generated, against institutional cooption and the ascendancy of protective representations of women, highlighting the continuing importance of critical activism.

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                                  The Use of Force (Jus ad Bellum)

                                  The prohibition of the use of force is integral to the post-1945 international legal order, and this achievement has been one of the primary goals of feminist international peace activism. So it should come as no surprise that the law regarding the use of force has been an important focus for feminist analysis. In particular, feminist scholars have closely interrogated the many claimed exceptions to the prohibitive rule, critically examining how an exception is justified, whose interests it serves, and what gendered effects flow from its enactment, producing deeply unsettling analyses of many of the justifications offered. Two significant treatises form the heart of this scholarship (Orford 2003, Heathcote 2011). While the use of force in self-determination struggles by colonial peoples was an early focus (Chinkin 1992), humanitarian intervention in the name of halting widespread human rights abuses has received sustained analysis (especially Orford 2003 and Nesiah 2004), as has its reframing as the responsibility to protect (Charlesworth 2010). Since 9/11, the expanding official justifications for resort to preemptive force have highlighted challenging questions about the conditions under which a feminist might support the use of force, exposing some fundamental differences in feminist perspectives, particularly when it is (ostensibly) used to protect women from widespread violence and abuse (MacKinnon 2006, Engle 2007, Heathcote 2010).

                                  • Charlesworth, Hilary. “Feminist Reflections on the Responsibility to Protect.” Global Responsibility to Protect 2 (2010): 232–249.

                                    DOI: 10.1163/187598410X500372Save Citation »Export Citation »E-mail Citation »

                                    Some themes in feminist international legal scholarship are outlined before they are applied to an examination of the doctrine of the responsibility to protect. The paper argues that, despite some resonance with feminist concerns, the doctrine employs masculine modes of reasoning and privileges the interests of male elites.

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                                    • Chinkin, Christine. “A Gendered Perspective to the International Use of Force.” Australian Yearbook of International Law 12 (1992): 279–293.

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                                      The interplay between the right to self-determination and the prohibition of the use of force is examined, contrasting the strong support that many women have given to nationalist movements with the invisibility of gender-related issues in the framing of the right to self-determination and the international legal principles that legitimate the use of force.

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                                      • Engle, Karen. “‘Calling in the Troops’: The Uneasy Relationship among Women’s Rights, Human Rights, and Humanitarian Intervention.” Harvard Human Rights Journal 20 (2007): 189–226.

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                                        This article critically examines how feminists have contributed to increased support for military humanitarian intervention, helping to expand the justifications for the use of force in the name of stopping violations of women’s human rights and drawing on the discourse of crisis which shifts the focus from addressing long-term structural disadvantage.

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                                        • Heathcote, Gina. “Feminist Reflections on the ‘End’ of the War on Terror.” Melbourne Journal of International Law 11 (2010): 277–307.

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                                          Whether there is a “feminist” approach to justifications for the preemptive use of force in international law, as articulated in the context of the War on Terror, is discussed with reference to reforms feminists have promoted in domestic criminal law, where they have sought to tighten rules that excuse preemptive use of deadly force.

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                                          • Heathcote, Gina. The Law on the Use of Force: A Feminist Analysis. Routledge Research in International Law. London: Routledge-Cavendish, 2011.

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                                            This feminist analysis of the international laws that allow the use of force engages provocatively with contemporary debates about the deployment of military force to meet humanitarian or self-determination goals, or in response to international terrorism, offering new insights into the inconsistencies in these debates and their gendered consequences.

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                                            • MacKinnon, Catharine. “Women’s September 11th: Rethinking the International Law of Conflict.” Harvard International Law Journal 47 (2006): 1–31.

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                                              Applauding the swift and wide-ranging response of the international community to the non-state perpetrators of the violence of 9/11, it is argued that similarly comprehensive measures to address the endemic everyday violence that constitutes a “war” against women are long overdue.

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                                              • Nesiah, Vasuki. “From Berlin to Bonn to Baghdad: A Space for Infinite Justice.” Harvard Human Rights Journal 17 (2004): 75–98.

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                                                Putting the recent enthusiasm for humanitarian intervention and its reframing as a responsibility to protect into historical context, the author argues that humanitarianism functions as a complement to militarism by enabling the deployment of normative arguments, including the protection of women’s rights, to support military campaigns.

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                                                • Orford, Anne. Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2003.

                                                  DOI: 10.1017/CBO9780511494277Save Citation »Export Citation »E-mail Citation »

                                                  Critically reading the narratives of humanitarian intervention in the 1990s, which promised democracy, self-determination, and human rights, this compelling feminist analysis argues that the effects of humanitarian warfare have been to reinstate colonial stereotypes and enable the continuation of material exploitation and entrenchment of economic liberalization.

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                                                  Self-Determination, State Sovereignty, and State Responsibility

                                                  Feminist critiques have drawn attention to the gendered biases and assumptions that are deeply embedded in the doctrinal and conceptual framework of international law. States, as the primary actors in international law, who have the power to make the law and international legal responsibility to implement and enforce it, have been the subject of particular scrutiny. With respect to the right of peoples to self-determination which can, inter alia, justify overthrowing a repressive government and/or lead to the recognition of new states, feminists have argued that, in practice, the interests of women and other marginalized groups are sacrificed to the interests of privileged men in the group, and have suggested more inclusive approaches by, for example, building on the past efforts of women and other excluded groups to be included (Knop 2002). A second preoccupation has been the concept of state sovereignty as a rhetorical expression of privileged masculinity (Ruskola 2010), as well as providing a structure for sustaining male domination in practice, and here too the focus has often been on how to reconstruct sovereignty so that it is more inclusive (Knop 1993). A third major theme in feminist legal critique has been the distinction made in liberal legal thought between public and private spheres, whereby the reach of the law is confined to the public sphere and the private is a zone of (usually male) freedom. This distinction plays out in international law in a number of ways that have limited a state’s legal responsibility to address human rights violations that primarily affect women. One problem is that the international legal principle of nonintervention in the domestic (private) affairs of states has operated to keep women in the sphere of the family unprotected by international law (Walker 1994). Another problem is that state responsibility under international law has traditionally not been extended to include responsibility for the actions of private actors that violate the state’s international legal obligations, except in narrow circumstances that have not included responsibility for the actions of private actors that violate the rights of women, in the family and in the community. Again, the emphasis has mainly been on reformulating the traditional doctrine so that it is inclusive of women’s concerns (Romany 1993, Cook 1994).

                                                  • Cook, Rebecca J. “State Responsibility for Violations of Women’s Human Rights.” Harvard Human Rights Journal 7 (1994): 125–175.

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                                                    This article clarifies that when a human rights violation has been caused by a private actor, as is often the case with violations of women’s human rights, the state incurs international legal responsibility if it has failed to exercise due diligence by adopting appropriate preventative measures.

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                                                    • Knop, Karen. “Re/Statements: Feminism and State Sovereignty in International Law.” Transnational Law and Contemporary Problems 3 (1993): 293–344.

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                                                      A number of aspects of state sovereignty are explored, pointing to openings for feminist reshaping of the state, for feminist involvement in the creation of “soft” law, and for feminist reconceptualization of sovereignty that would enable women to participate directly in the creation of international law.

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                                                      • Knop, Karen. Diversity and Self-Determination in International Law. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2002.

                                                        DOI: 10.1017/CBO9780511494024Save Citation »Export Citation »E-mail Citation »

                                                        This book reveals deep biases in the interpretation and application of the right to self-determination, showing how the challenge of diversity has been systematically ignored by international decision-makers and judges, while also finding the basis for inclusive interpretation in case studies of women’s efforts to represent their collective interests in the context of self-determination.

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                                                        • Romany, Celina. “Women as Aliens: A Feminist Critique of the Public-Private Distinction in International Human Rights Law.” Harvard Human Rights Journal 6 (1993): 87–125.

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                                                          Long-established notions of state responsibility for the treatment of aliens are compared with the reluctance of states to accept responsibility for women’s human rights violations, and it is argued that state complicity in the latter should be found when there is systematic failure to prevent and punish “private” acts of violence against women.

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                                                          • Ruskola, Teemu. “Raping Like a State.” UCLA Law Review 57 (2010): 1477–1536.

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                                                            This article examines the way that international legal rhetoric justifying colonialism attributed normative masculinity to (Western) sovereign states and cast the “deficient” sovereignty of non-Western states in terms of variously deviant masculinities which, together with their civilization and racial attributes, rendered them “rapable”; a rhetoric that continues to structure contemporary unequal global relations.

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                                                            • Walker, Kristen. “An Exploration of Article 2(7) of the United Nations Charter as an Embodiment of the Public/Private Distinction in International Law.” International Law and Politics 26 (1994): 173–199.

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                                                              It is argued that the protection of states’ domestic jurisdiction from international intervention is a manifestation of liberalism’s public/private distinction in international law, which locates the domestic sphere of the home and family in the internal affairs of states, leaving women often unprotected by international law.

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                                                              Peacemaking, Peacekeeping, and Peacebuilding

                                                              Typically, women have been portrayed in international law as victims of the brutalities of armed conflict, especially sexual violence, which has reinforced the idea of women’s inherent vulnerability and their need for masculine protection, whether in the form of the state, combatants, or heads of families. Women have also traditionally been excluded from the processes involved with resolving armed conflict, negotiating peace agreements, and building postconflict societies, reinforcing harmful gender stereotypes that render them unsuited to public affairs. As the international community has become more widely involved in peacemaking, peacekeeping, and peacebuilding since the end of the Cold War, feminist efforts to challenge gender stereotypes that deny women’s full humanity and restrict their participation in political and economic decision-making have met with some notable successes. The UN Security Council has adopted a series of thematic resolutions on women, peace, and security, some of which emphasize the importance of women’s participation in decision-making related to conflict resolution and postconflict reconstruction (Otto 2010). The importance of women’s participation in the negotiation of peace agreements has been particularly emphasized in the hope that this would ensure that the future legal framework recognizes women’s equality and rights; yet, although the Security Council has explicitly called for the adoption of a “gender perspective” in such negotiations, there is little evidence that old practices are changing (Chinkin 2003, Bell and O’Rourke 2010). In the wake of evidence of widespread sexual exploitation and abuse by international personnel engaged in peace support operations, the impunity enjoyed by most perpetrators has been another focus (Murray 2003, Otto 2007, Ni Aolain 2009), as has the negative impact of Gender Mainstreaming in postconflict societies with inadequate resources and inadequate local consultation and support (Kouvo 2008). Unfortunately, the Security Council resolutions, and many of the developments that have flowed from them, have had the effect of reinforcing harmful gender stereotypes instead of challenging them (Otto 2007, Scully 2009, Otto 2010).

                                                              • Bell, Christine, and Catherine O’Rourke. “Peace Agreements or Pieces of Paper? The Impact of UNSC Resolution 1325 on Peace Processes and Their Agreements.” International and Comparative Law Quarterly 59.4 (2010): 941–980.

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                                                                The limited impact of Security Council Resolution 1325’s call for the adoption of a “gender perspective” when negotiating peace agreements is revealed through a quantitative and qualitative analysis of explicit references to women and gender in peace agreements from 1990 to 2010. The authors propose strategies designed to address some of the barriers that their research identifies.

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                                                                • Chinkin, Christine. “Gender, Human Rights, and Peace Agreements.” Ohio State Journal on Dispute Resolution 18 (2003): 867–886.

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                                                                  This article proposes a checklist of gender issues against which peace agreements should be tested before their finalization, arguing that while peace negotiations are a pivotal moment for determining the future constitutional and legal framework, the issues of women’s participation and human rights are almost always excluded.

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                                                                  • Kouvo, Sari. “A Quick and Dirty Approach to Women’s Emancipation and Human Rights?” Feminist Legal Studies 16 (2008): 37–46.

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                                                                    A disheartening picture of the “quick and dirty” implementation of Gender Mainstreaming in postintervention Afghanistan is drawn, which took place without adequate consultation with local women, without adapting the vernacular of women’s equality to the local cultural context, and in a situation where there was inadequate political commitment that would ensure follow-up support.

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                                                                    • Murray, Jennifer. “Who Will Police the Peace-Builders? The Failure to Establish Accountability for the Participation of United Nations Civilian Police in the Trafficking of Women in Post-Conflict Bosnia and Herzegovina.” Columbia Human Rights Law Review 34 (2003): 475–527.

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                                                                      This article highlights the culture of impunity that attended the involvement of UN civilian police in trafficking women for sexual exploitation in postconflict Bosnia, arguing that this was due to prevailing gender biases in the UN, as well as in peacekeeper-contributing states, and part of a larger failure to incorporate human rights principles into peace operations.

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                                                                      • Ni Aolain, Fionnuala. “Women, Security, and the Patriarchy of Internationalized Transitional Justice.” Human Rights Quarterly 31.4 (2009): 1055–1085.

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                                                                        It is argued that security sector reform in transitional societies brings the patriarchies of international actors into play with local patriarchies, which together work against establishing meaningful security for women in both public and private spheres and therefore against gender accountability in any form, whether by trial, truth commissions, or otherwise.

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                                                                        • Otto, Dianne. “Making Sense of Zero Tolerance Policies in Peacekeeping Sexual Economies.” In Sexuality and the Law: Feminist Engagements. Edited by Vanessa Munro and Carl F. Stychin, 259–282. Oxford and New York: Routledge-Cavendish, 2007.

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                                                                          The UN’s policy of zero tolerance of sex between peacekeeping personnel and local people, adopted in order to address the problems of sexual exploitation and abuse, is critically analyzed, and many problems are identified, including its overinclusiveness, its protective treatment of women, and its imperial dimensions, making the survival of the “victims” it claims to protect even more precarious.

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                                                                          • Otto, Dianne. “Power and Danger: Feminist Engagement with International Law through the UN Security Council.” Australian Feminist Law Journal 32 (2010): 97–121.

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                                                                            This critical examination of the series of resolutions adopted by the Security Council on women, peace, and security highlights the dangers of selective engagement and institutional cooption, when feminist ideas are embraced by international institutions, but also emphasizes the new opportunities this creates for strengthening feminist activism and the power of local women in postconflict societies.

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                                                                            • Scully, Pamela. “Vulnerable Women: A Critical Reflection on Human Rights Discourse and Sexual Violence.” Emory International Law Review 23 (2009): 113–124.

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                                                                              Focusing on Security Council Resolution 1820, this article examines the implications of the widespread use of the rhetoric of female vulnerability for postconflict reconstruction, arguing that the rhetoric reproduces gender stereotypes that have serious implications for women’s leadership and ignores sexual violence directed at men and boys.

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                                                                              Law and Development

                                                                              The promotion of development is one of the three main purposes of the UN, together with the attainment of international peace and security and the universal enjoyment of human rights. Through the work of the UN Commission on the Status of Women and the UN Development Programme, and advocacy at world conferences on women, on population and development, and on sustainable development, feminists have for many years emphasized the importance of women’s equal participation in development and their right to equal enjoyment of its benefits (Snyder 2006). Yet it continues to be the case that women are often worse off as a result of development initiatives, as has been discussed in an extensive international relations literature. Feminist international legal scholars have increasingly turned their attention to the role that law has played in compounding women’s inequality through development initiatives, with some highlighting the importance of embracing customary norms that support women’s equality (Nyamu 2000). Others have argued that neoliberal economic policies are entrenching women’s inequality even further in developing countries by, for example, formalizing land ownership as a precondition of access to credit without regard to women’s interests in land (Manji 2010) and promoting women’s equality as an instrumental value, necessary for the achievement of economic goals rather than as an end in itself (Rittich 2003).

                                                                              • Manji, Ambreena. “Eliminating Poverty? ‘Financial Inclusion,’ Access to Land, and Gender Equality in International Development.” Modern Law Review 73 (2010): 985–1003.

                                                                                DOI: 10.1111/j.1468-2230.2010.00827.xSave Citation »Export Citation »E-mail Citation »

                                                                                This article highlights the serious consequences for gender equality that flow from the conjoining of the formalization of land title and the growth of credit markets in contemporary development policies, leading to greater exposure to risk in developing countries, worsening gender relations and aggravating women’s poverty.

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                                                                                • Nyamu, Celestine I. “How Should Human Rights and Development Respond to Cultural Legitimization of Gender Hierarchy in Developing Countries?” Harvard International Law Journal 41 (2000): 381–418.

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                                                                                  This article criticizes the tendency of feminists from both the human rights and development fields to treat “culture” as always a problem when it comes to challenging gender hierarchy in property relations, arguing that culture can be flexible and urging the utility of drawing on cultural principles and practices when they are supportive of gender equality.

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                                                                                  • Rittich, Kerry. “Engendering Development/Marketing Equality.” Albany Law Review 16 (2003): 575–593.

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                                                                                    This incisive critical analysis of the World Bank’s “market-centered” approach to gender equality argues that we are in great danger of having women’s “equality” redefined as an economic goal rather than one associated with human dignity and well-being and treated as an end in itself.

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                                                                                    • Snyder, Margaret. “Unlikely Godmother: The UN and the Global Women’s Movement.” In Global Feminism: Transnational Women’s Activism, Organizing, and Human Rights. Edited by Myra Marx Feree and Aili Mari Tripp, 24–50. New York: New York University Press, 2006.

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                                                                                      Provides a geneology, beginning in the 1970s, of the long struggle by feminist and women’s movements to “integrate” women into UN development policies and processes, critically examining the resistance that these efforts met and the various rethinkings of feminist analysis and strategy that were generated.

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                                                                                      International Institutions

                                                                                      International institutions have always been dominated by men, despite the commitment to equal participation by women in both the Covenant of the League of Nations and the Charter of the United Nations. The virtual absence of women from senior positions and from decision-making forums has meant that international legal and political processes are unlikely to take account of issues that are of concern largely to women and, further, that the world view accepted as “universal” has been framed by elite men (Charlesworth 1994, Orford 1996). One strategy adopted to redress this gender imbalance has been to strengthen institutions that have a focus on women, in an effort to overcome their marginalization (Galey 1984). Another strategy has been to promote Gender Mainstreaming across the entire UN system, which while endorsed as an official strategy and resulting in some positive outcomes, has also met with widespread resistance (Kouvo 2004).

                                                                                      • Charlesworth, Hilary. “Transforming the United Men’s Club: Feminist Futures for the United Nations.” Transnational Law and Contemporary Problems 4 (1994): 421–454.

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                                                                                        This article argues that the virtual absence of women at senior levels of decision-making in UN institutions not only affects the treatment of “women’s issues” but also prevents transformative institutional change that would prioritize social development and dismantle military structures.

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                                                                                        • Galey, Margaret E. “International Enforcement of Women’s Rights.” Human Rights Quarterly 6 (1984): 463–490.

                                                                                          DOI: 10.2307/762184Save Citation »Export Citation »E-mail Citation »

                                                                                          The struggle within two international institutions to establish meaningful international mechanisms to promote the enforcement of women’s rights is examined: the UN Commission on the Status of Women and the monitoring committee established by the Convention on the Elimination of All Forms of Discrimination against Women.

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                                                                                          • Kouvo, Sari. Making Just Rights? Mainstreaming Women’s Human Rights and a Gender Perspective. Uppsala, Sweden: Iustus Forlag, 2004.

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                                                                                            After tracing the history of criticisms of the UN’s promotion of women’s human rights and sex equality, this treatise critically examines how, since the end of the Cold War, different UN human rights institutions have implemented strategies aimed at mainstreaming women’s human rights and integrating a gender perspective into their work.

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                                                                                            • Orford, Anne. “The Politics of Collective Security.” Michigan Journal of International Law 17 (1996): 373–408.

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                                                                                              Two ways that feminist analyses can inform debates about reform of the UN Security Council are discussed: first, by ensuring that women have a voice in decisions about security; and second, by changing the power relations involved in producing knowledge about collective security, so that the interests of elite men no longer masquerade as universal.

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                                                                                              International Humanitarian Law (Jus In Bello)

                                                                                              International humanitarian law (IHL), which is concerned with the rules that apply during armed conflict, was among those areas of international law that were subjected to early critical feminist analysis in the late 1980s (Gardam 1988). Since then, feminist scholarship in IHL has flourished. The general view is that the existing law is deeply gendered, treating women primarily as the powerless victims of war (Kinsella 2005), which bears little relationship to women’s (and men’s) diverse experiences of armed conflict (Durham and Gurd 2005). Two strands of argument about how to address this gender bias have emerged: one proposing that new law is necessary, taking its lead from recent developments in International Human Rights Law, in order to overcome the gendered assumptions on which the law is based (Gardam 1997, Gardam and Jarvis 2001), while the second strand urges feminist reinterpretations of the existing law, especially in its implementation (Durham and O’Byrne 2010, Gardam 2010), although these courses of action are not necessarily mutually exclusive (Bennoune 2006–2007).

                                                                                              • Bennoune, Karima. “Do We Need New International Law to Protect Women in Armed Conflict?” Case Western Reserve Journal of International Law 38 (2006–2007): 363–391.

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                                                                                                This article outlines feminist critiques of IHL’s capacity to adequately protect civilian women during armed conflict, including its reliance on outdated gender stereotypes and narrow conceptualization of sexual assault, urging the employment of a range of methods in pursuit of change while also promoting the full implementation of existing IHL rules.

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                                                                                                • Durham, Helen, and Tracy Gurd, eds. Listening to the Silences: Women and War. International Humanitarian Law Series. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2005.

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                                                                                                  This edited collection gives voice to some of the diverse ways that women experience armed conflict, critically examines how the law and legal practices affect how such voices are silenced or heard, and shows that taking account of women’s diverse experiences is a crucial part of building inclusive international peace and security.

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                                                                                                  • Durham, Helen, and Katie O’Byrne. “The Dialogue of Difference: Gender Perspectives on International Humanitarian Law.” International Review of the Red Cross 92 (2010): 31–52.

                                                                                                    DOI: 10.1017/S1816383110000032Save Citation »Export Citation »E-mail Citation »

                                                                                                    Rather than suggesting the need for new law, a “gender perspective” is applied to existing IHL norms, focusing on those that relate to women as combatants and to men as victims of sexual violence. It is argued that further development of such a gender perspective will enhance the effectiveness of IHL in providing practical protections without recourse to gender stereotypes and discrimination.

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                                                                                                    • Gardam, Judith. “A Feminist Analysis of Certain Aspects of International Humanitarian Law.” Australian Yearbook of International Law 12 (1988): 265–278.

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                                                                                                      The author questions the use of “humanitarian” to describe this area of law, critically examining the general principle of distinction (between civilians and combatants), which is of great importance to women. She argues that the principle has been universally disregarded in the name of military necessity and was further weakened by the 1967 Additional Protocols to the 1949 Geneva Conventions.

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                                                                                                      • Gardam, Judith. “Women and the Law of Armed Conflict: Why the Silence?” International and Comparative Law Quarterly 46 (1997): 55–80.

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                                                                                                        This article identifies distinctive features of existing international humanitarian law that present obstacles to the advancement of protections for women, including the emphasis given to the protection of predominantly male combatants, and proposes a new protocol to protect (civilian) women in times of armed conflict.

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                                                                                                        • Gardam, Judith. “Law, War, Terror, Nothing New for Women.” Australian Feminist Law Journal 32 (2010): 61–75.

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                                                                                                          The reasons for the lack of responsiveness to women’s distinct experiences in the application of IHL in the post-9/11 War on Terror are canvassed, with the author arguing that respect for so-called cultural imperatives has impeded the protections that are accorded to women by IHL, despite its many limitations.

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                                                                                                          • Gardam, Judith G., and Michelle J. Jarvis. Women, Armed Conflict and International Law. The Hague: Kluwer Law International, 2001.

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                                                                                                            This book exposes vast discrepancies between women’s experience of armed conflict and existing legal provisions, highlighting in particular the failure of IHL to recognize that discrimination against women in all societies renders them particularly vulnerable to the effects of conflict, arguing that positive developments in human rights law, improving the protection of women during armed, should be embraced by IHL.

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                                                                                                            • Kinsella, Helen. “Securing the Civilian: Sex and Gender in the Laws of War.” In Power in Global Governance. Edited by Michael Barnett and Raymond Duvall, 249–272. Cambridge Studies in International Relations. Cambridge, UK: Cambridge University Press, 2005.

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                                                                                                              This chapter shows how discourses of sex difference have shaped fundamental distinctions in IHL, from Grotius to the present day, producing the distinction between combatant and civilian and between combatant and target, casting “women” and “barbarians” as less than fully human and without capacity for politics.

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                                                                                                              International Criminal Law

                                                                                                              International criminal law is the body of rules that proscribes international crimes, places obligations on states to prosecute and punish perpetrators, and regulates international procedures for trying individuals accused of these crimes. Although rape has long been prohibited as a war crime, it has been considered an infringement of family honor rather than a violation of women’s rights and, in practice, generally treated as a random and unfortunate, but inevitable, side effect of armed conflict rather than as a war crime (Chinkin 1994, Askin 1997). Therefore, until recently, international prosecutions have paid little attention to crimes involving sexual violence. However, the widespread sexual violence that occurred in the Balkan and Rwandan conflicts galvanized feminists into action as jurists, legal scholars, survivors, and activists (Copelon 2000). As a result, the statutes establishing the ad hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) explicitly included rape as a constituent element of crimes against humanity but did not specifically enumerate other crimes of sexual violence (Chinkin 1994, Askin 2003). Building on these formal developments and the jurisprudence and experience of the Tribunals, further significant feminist advances were made in the drafting of the Rome Statute establishing the International Criminal Court (ICC), which integrated gender issues into the substantive law, the operations of the Court, and its investigatory, procedural, and evidentiary mechanisms (Bedont and Hall-Martinez 1999). The definition of “gender” in the Rome Statute proved to be a particularly contentious issue, with feminists divided in their opinions about the outcomes (Oosterveld 2005). These developments have gone some way towards addressing feminist concerns about both the substance of the law and the prosecutorial reluctance to use it (Quenivet 2005).

                                                                                                              • Askin, Kelly Dawn. War Crimes Against Women: Prosecution in International War Crimes Tribunals. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 1997.

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                                                                                                                After comprehensively reviewing the long history of the laws and customs of war that prohibit rape and the slow evolution of the law over the 20th century, the author shows how sexual crimes could have been prosecuted in the Nuremberg and Tokyo War Crimes Tribunals and explores the opportunities for prosecution under the ICTY Statute.

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                                                                                                                • Askin, Kelly D. “Prosecuting Wartime Rapes and Other Gender-Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles.” Berkeley Journal of International Law 21 (2003): 288–349.

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                                                                                                                  This article builds on and updates the author’s earlier research by providing a detailed account of the flurry of jurisprudential developments in the Yugoslav and Rwandan Tribunals and the inclusion of various forms of sexual violence in the Rome Statute.

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                                                                                                                  • Bedont, Barbara, and Katherine Hall-Martinez. “Ending Impunity for Gender Crimes under the International Criminal Court.” Brown Journal of World Affairs 6 (1999): 65–85.

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                                                                                                                    The historic gender-related provisions that were included in the Rome Statute, and the efforts of women’s rights advocates to ensure their inclusion, are outlined. They codify a wide range of gender violence as the most serious international crimes, call for representation of female judges and gender expertise, and require procedures that will safeguard the rights of victims.

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                                                                                                                    • Chinkin, Christine. “Rape and Sexual Abuse of Women in International Law.” European Journal of International Law 3 (1994): 1–17.

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                                                                                                                      Reviewing the impressive body of formal laws prohibiting rape and sexual abuse in armed conflict and the long history of failure to implement them, this article welcomes the establishment of the ICTY as a new means of enforcement but cautions that its procedures and remedies must be appropriately adapted and that links must be made with peacetime efforts to eradicate women’s inequality.

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                                                                                                                      • Copelon, Rhonda. “Gender Crimes as War Crimes: Integrating Crimes Against Women into International Criminal Law.” McGill Law Journal 46 (2000): 217–240.

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                                                                                                                        The major role that women’s movements, feminist legal advocates, and non-governmental organizations (NGOs) have played in challenging the historical failure of international criminal law to address wartime sexual violence against women is highlighted, from submission of well-timed amicus briefs to the ICTY and ICTR to the tireless lobbying of the Women’s Caucus for Gender Justice during the drafting of the Rome Statute.

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                                                                                                                        • Oosterveld, Valerie. “The Definition of ‘Gender’ in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice?” Harvard Human Rights Journal 18 (2005): 55–84.

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                                                                                                                          Opinions differ about the definition of “gender” adopted by the Rome Statute. This article examines the negotiation process that led to its adoption and discusses four concerns that have since been raised about it, arguing that critics should recognize the definition’s “constructive ambiguity” and the opportunities this creates for feminist interpretation.

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                                                                                                                          • Quenivet, Noelle N. R. Sexual Offenses in Armed Conflict and International Law. International and Comparative Criminal Law Series. Ardsley, NY: Transnational, 2005.

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                                                                                                                            This treatise canvasses developments in the treatment of sexual offences in international criminal law since the establishment of the ICTY, arguing that some of the feminist claims about the inadequacy of the law and the reluctance to prosecute are no longer sustainable.

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                                                                                                                            Gendering Definitions of War Crimes

                                                                                                                            Despite the explicit recognition that wartime rape fell within the jurisdiction of the ad hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), and the inclusion of a wide range of forms of sexual violence in the codification of the most serious crimes in international law in the Rome Statute for the International Criminal Court (ICC), a great deal was left to be determined in the course of prosecutions—by the investigatory and indictment practices of the prosecutor, as well as the application and development of the law by judges. Feminists have monitored these developments closely (Sellers 2004) and sought to contribute by submitting amicus briefs, gathering evidence, and raising awareness. They have also contributed scholarly analyses exploring, for example, what elements are necessary to prove the new crimes included in the jurisdiction of the ICC—gender persecution as a crime against humanity (Brown and Grenfell 2003) and sexual slavery (Oosterveld 2004)—and by examining whether the amendments adding the crime of aggression to the Rome Statute represent an advance for women (Van Schaack 2011). Disagreements among feminists have also emerged, notably about whether “genocidal” rape should be treated differently from other rapes committed during armed conflict (Copelon 1994, MacKinnon 1994), and over the differences in the case law of different tribunals, particularly on the question of how the issue of “consent” should be treated (Cole 2008, O’Byrne 2011).

                                                                                                                            • Brown, Widney, and Laura Grenfell. “The International Crime of Gender-Based Persecution and the Taliban.” Melbourne Journal of International Law 4 (2003): 347–375.

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                                                                                                                              The authors argue that the Taliban’s treatment of women in Afghanistan amounts to gender-based persecution under customary international law and constitutes a crime against humanity as recognized in the Rome Statute. They identify and analyze the six elements required for prosecution, concluding that the Taliban’s treatment of women has exceeded the necessary threshold.

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                                                                                                                              • Cole, Alison. “Prosecutor v. Gacumbitsi: The New Definition for Prosecuting Rape under International Law.” International Criminal Law Review 8 (2008): 55–85.

                                                                                                                                DOI: 10.1163/156753608X265231Save Citation »Export Citation »E-mail Citation »

                                                                                                                                The author sets out developments in the case law of the ICTY and ICTR on the definition of rape in international criminal law, examining the contribution of the Gacumbitsi case, which addressed the apparent contradiction in the prior jurisprudence at the appellate level, and argues that the Akayesu approach is most consistent with the framework of international criminal law.

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                                                                                                                                • Copelon, Rhonda. “Surfacing Gender: Reconceptualizing Crimes Against Women in Time of War.” In Mass Rape: The War against Women in Bosnia-Herzegovina. Edited by Alexandra Stiglmayer, 197–218. Lincoln: University of Nebraska Press, 1994.

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                                                                                                                                  It is argued that representing the horror of genocidal rape as unparalleled risks making other wartime rapes invisible again and suggests that women victims are targeted because they “belong” to the enemy rather than because they too are the enemy. The gender dimension that is common to all rapes must be recognized and gender persecution understood as its own category of crimes against humanity.

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                                                                                                                                  • MacKinnon, Catharine. “Rape, Genocide, and Women’s Human Rights.” In Mass Rape: The War against Women in Bosnia-Herzegovina. Edited by Alexandra Stiglmayer, 183–196. Lincoln: University of Nebraska Press, 1994.

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                                                                                                                                    This chapter argues that mass rape perpetrated by Serbs during the Balkans conflict was different from everyday wartime rape because it was perpetrated as a tool and strategy of genocide—it was genocidal—and not, as some feminists argue, just another instance of wartime gendered violence.

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                                                                                                                                    • O’Byrne, Katie. “Beyond Consent: Conceptualizing Sexual Assault in International Criminal Law.” International Criminal Law Review 11 (2011): 495–514.

                                                                                                                                      DOI: 10.1163/157181211X576384Save Citation »Export Citation »E-mail Citation »

                                                                                                                                      The author charts the evolution of a spectrum or “genus” of sexual crimes in international criminal law, through the statutory provisions and jurisprudence of the ICTY, ICTR, and ICC, arguing that proof of coercion, rather than proof of nonconsent, is the appropriate test to use in conceptualizing these crimes, with consent raised as a defense where relevant.

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                                                                                                                                      • Oosterveld, Valerie. “Sexual Slavery and the International Criminal Court: Advancing International Law.” Michigan Journal of International Law 25 (2004): 605–652.

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                                                                                                                                        It is argued that the crime of sexual slavery, included in the Rome Statute and listed as a crime against humanity in the statute of the Special Court for Sierra Leone, should be understood as a denial of individual autonomy through sexual means rather than, as under the old moralistic paradigm, a violation of the victim’s honor or dignity.

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                                                                                                                                        • Sellers, Patricia Viseur. “Individual(s’) Liability for Collective Sexual Violence.” In Gender and Human Rights. The Collected Courses of the Academy of European Law. Edited by Karen Knop, 153–194. Oxford: Oxford University Press, 2004.

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                                                                                                                                          The line of ICTY cases that apply joint criminal liability for sexual violence is examined, showing how two myths are eroded: first, that rape in war occurs when soldiers succumb to “natural urges” that are outside the remit of international criminal law; second, that sexual violence can only be prosecuted if it is systematic or committed on a superior’s orders.

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                                                                                                                                          • Van Schaack, Beth. “The Crime of Aggression and Humanitarian Intervention on Behalf of Women.” International Criminal Law Review 11 (2011): 477–493.

                                                                                                                                            DOI: 10.1163/157181211X576375Save Citation »Export Citation »E-mail Citation »

                                                                                                                                            This article examines the crime of aggression, added to the Rome Statute by amendment, and its potential to chill the exercise of humanitarian intervention, arguing that while feminists may never all agree on the deployment of humanitarian intervention to protect women, the new provisions should nevertheless be interpreted to exclude interventions justified by the responsibility to protect doctrine.

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                                                                                                                                            Challenges in Prosecuting Sexual Violence

                                                                                                                                            Despite significant normative developments that have gendered the definitions of war crimes, there have been few successful prosecutions, which does not reflect the high levels of sexual violence that have characterized the recent conflicts that have been the subject of international prosecutions. While considerable effort has been made to introduce evidentiary and procedural innovations that will support and protect the victim-witnesses of sexual violence who agree to testify, which some feminists hoped may even reshape stigmatizing attitudes to sexual violence in armed conflict (Ni Aolain 1997), it has become increasingly clear that a progressive legislative framework is not nearly enough (Fitzgerald 1997). Despite all the procedural innovations, many victims still experience testifying as humiliating and silencing because they are unable to control the telling of their own stories (Dembour and Haslam 2004). Many other problems have also been identified, including the need for judicial education, improved collection of evidence, and better protection for victims and witnesses (Fitzgerald 1997, Stephens 1999). Several feminist commentators have come to the conclusion that prosecutorial commitment to gender justice is imperative and that the strategy for prosecuting sexual crimes must be in place from the outset and mainstreamed throughout all the stages of prosecution, including investigation, charging, plea negotiations, trial preparations, provisions of protective measures, and appeals (Stephens 1999, Oosterveld 2005, Van Schaack 2009). As the early experience of the ICC’s prosecutor’s failure to include gender-specific charges in the first case from the Democratic Republic of the Congo (DRC) shows, there is an urgent need to establish checks and balances that will ensure that prosecutorial strategies are committed to gender justice (Pritchett 2008). There still remains much more to do in international criminal law to ensure effective prosecution of gender-based crimes (Oosterveld 2009).

                                                                                                                                            • Dembour, Marie-Benedicte, and Emily Haslam. “Silencing Hearings: Victim-Witnesses at War Crimes Trials.” European Journal of International Law 15 (2004): 151–177.

                                                                                                                                              DOI: 10.1093/ejil/15.1.151Save Citation »Export Citation »E-mail Citation »

                                                                                                                                              Through a close reading of transcripts of the Krstic case in the ICTY, the authors show how war crimes trials effectively silence victims of rape and other sexual violence by instrumentalizing individual memory for their own collective ends, highlighting the need for further change in awareness and procedures, and asking whether creating a space for victims in the legal arena may be misguided.

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                                                                                                                                              • Fitzgerald, Kate. “Problems of Prosecution and Adjudication of Rape and Other Sexual Assaults under International Law.” European Journal of International Law 8 (1997): 638–663.

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                                                                                                                                                Some of the problems that attend the international prosecution of sexual offenses are examined in the context of the ICTY, including limits on evidence able to be led, inadequate protection for victims and witnesses, failures in collection of evidence, and lack of judicial education. Argues that a progressive legislative framework is not necessarily sufficient.

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                                                                                                                                                • Ni Aolain, Fionnuala. “Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War.” Albany Law Review 60.3 (1997): 883–905.

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                                                                                                                                                  The more “victim-friendly” evidentiary and procedural innovations adopted by the ICTY in prosecuting sexual offences, aimed at correcting gender bias while also protecting the rights of the accused, are discussed, and it is argued that they have the potential to reshape cultural and legal attitudes to sexual violence in armed conflict.

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                                                                                                                                                  • Oosterveld, Valerie. “Gender-Sensitive Justice and the International Criminal Tribunal for Rwanda: Lessons Learned for the International Criminal Court.” New England Journal of International and Comparative Law 12 (2005): 119–133.

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                                                                                                                                                    The author argues that one lesson the ICC must learn from the experience of the ICTR is that the prosecutor must consistently design a prosecution strategy for sexual crimes from the outset of each case and provide continued support for this strategy throughout the investigation and prosecutorial processes.

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                                                                                                                                                    • Oosterveld, Valerie. “Lessons from the Special Court for Sierra Leone on the Prosecution of Gender-Based Crimes.” American University Journal of Gender, Social Policy, and the Law 17 (2009): 407–430.

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                                                                                                                                                      Three lessons for the ICC from the Special Court for Sierra Leone are discussed: that gendered crimes may be multilayered and complex, as in the example of forced marriage; that the special difficulties of collecting evidence of sexual violence must be taken into account by judges; and that judicial consideration of the rights of the accused must be balanced by consideration of victims’ proper access to justice.

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                                                                                                                                                      • Pritchett, Susan. “Entrenched Hegemony, Efficient Procedure, or Selected Justice: An Inquiry into Charges for Gender-Based Violence at the International Criminal Court.” Transnational Law & Contemporary Problems 17 (2008): 265–305.

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                                                                                                                                                        Despite strong evidence of systematic and widespread sexual violence in the conflict in the DRC and the gender-specific provisions in the Rome Statute, this article finds that a prosecutorial strategy of selective justice and efficient procedure justified the failure to include gender-specific charges in the Lubanga case and advocates the need for checks and balances to ensure the prosecution of crimes specific to women.

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                                                                                                                                                        • Stephens, Beth. “Humanitarian Law and Gender Violence: An End to Centuries of Neglect?” Hofstra Law and Policy Symposium 3 (1999): 109–387.

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                                                                                                                                                          This article takes stock of developments in the ICTY and ICTR that move towards ending impunity for rape and other sexual violence during armed conflict, highlighting areas of ongoing concern, including the apparent hesitancy of prosecutors to charge the maximum crimes and their patchy record in responding to the needs of survivors and witnesses.

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                                                                                                                                                          • Van Schaack, Beth. “Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda as Object Lesson.” American University Journal of Gender, Social Policy, and the Law 17 (2009): 361–406.

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                                                                                                                                                            Despite the positive developments in substantive law, gender justice can still be sidelined in international criminal law by practices of investigation, charging, plea negotiations, trial preparations, provision of protective measures, and appeals, as shown by the track record of the ICTR. Most importantly, commitment to gender justice must infuse all stages of the prosecutorial strategy.

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                                                                                                                                                            Critical Reflection

                                                                                                                                                            Although the specific criminalization of sexual offences in international law has been advanced by the jurisprudence of the ICTY and ICTR, and in the Rome Statute, concerns have been raised about some aspects of the feminist thinking that has driven these developments, which have problematically found their way into the international jurisprudence. For example, one unintended consequence of treating rape and sexual violence as constituent elements of genocide and crimes against humanity has been to essentialize ethnic differences and thus recognize only certain victims of sexual violence (Engle 2005, Buss 2009). Further, the relentless portrayal of women as powerless victims who lack sexual and political agency has reinforced gender stereotypes that help to fuel sexual violence and its weaponization (Engle 2005, Halley 2008). In addition, the polarized and static view of gendered power, embraced by many feminists, has contributed to the ongoing silence, shame, and homophobia that accompany sexual violence directed at men and boys in armed conflict (Sivakumaran 2007, Lewis 2009–2010). Such limits and blind spots in feminist thinking may help to explain why the conviction rate for sexual violence directed at women and girls in armed conflict is disarmingly low, despite its hypervisibility (Buss 2009), and it must also be remembered that criminalization does not necessarily serve the interests of survivors (Mertus 2004).

                                                                                                                                                            • Buss, Doris E. “Rethinking ‘Rape as a Weapon of War.’” Feminist Legal Studies 17 (2009): 145–163.

                                                                                                                                                              DOI: 10.1007/s10691-009-9118-5Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                              The characterization of rape as a “weapon of war,” and thus a constitutive element of genocide and crimes against humanity, focuses on generalized patterns of rape, which problematically homogenizes rape as interethnic and seemingly inevitable, limiting the categories of victims who can be legally recognized, as shown by an analysis of the Rwandan Tribunal’s jurisprudence.

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                                                                                                                                                              • Engle, Karen. “Feminism and Its (Dis)contents: Criminalizing Wartime Rape in Bosnia and Herzegovina.” American Journal of International Law 99 (2005): 778–816.

                                                                                                                                                                DOI: 10.2307/3396669Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                This article canvasses the debate among feminists about whether rape in Bosnia and Herzegovina constituted genocide, showing how the ICTY’s jurisprudence came to reflect flawed feminist assumptions, which essentialized ethnic differences, viewed women victims of sexual violence as essentially powerless, and downplayed the role of women as perpetrators in the war.

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                                                                                                                                                                • Halley, Janet. “Rape in Berlin: Reconsidering the Criminalisation of Rape in the International Law of Armed Conflict.” Melbourne Journal of International Law 9.1 (2008): 78–124.

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                                                                                                                                                                  While acknowledging the many feminist achievements in developing international criminal law, the author highlights some of the problematic assumptions engaged in that process, including the idea that rape in war is a fate worse than death, that consent to sex is impossible in the coercive circumstances of armed conflict, and that special condemnation of rape necessarily works against its weaponization.

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                                                                                                                                                                  • Lewis, Dustin A. “Unrecognized Victims: Sexual Violence Against Men in Conflict Settings under International Law.” Wisconsin International Law Journal 27 2009–2010: 1–49.

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                                                                                                                                                                    This article urges that international law addressing sexual violence should deal with the prejudicial stereotypes of sex, gender, and (homo)sexuality that fuel such violence, arguing that men should be explicitly recognized as victims of sexual violence in international instruments and that definitions must include sexual violence directed at an individual’s perceived or actual sexuality.

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                                                                                                                                                                    • Mertus, Julie. “Shouting from the Bottom of the Well: The Impact of International Trials for Wartime Rape on Women’s Agency.” International Feminist Journal of Politics 6 (2004): 110–128.

                                                                                                                                                                      DOI: 10.1080/1461674032000165950Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                      International adjudication of wartime rape does not necessarily advance the interests of survivors because the adversarial process can be experienced as dehumanizing and retraumatizing, limiting women’s agency and promoting gender and cultural essentialism, as illustrated by an examination of the ICTY’s Foca case.

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                                                                                                                                                                      • Sivakumaran, Sandesh. “Sexual Violence against Men in Armed Conflict.” European Journal of International Law 18 (2007): 253–276.

                                                                                                                                                                        DOI: 10.1093/ejil/chm013Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                        This article asks why so little attention has been paid to sexual violence by men against men in armed conflict, despite reports of its occurrence in numerous conflicts, arguing that complex dynamics are at play including gendered ideas of power and domination, the perceived emasculation of victims, and the taint of homosexuality that shames victims into silence.

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                                                                                                                                                                        Transitional Justice

                                                                                                                                                                        Criminal trials are just one of a range of mechanisms that aim to help transitional societies move on from an immediate past of conflict-related atrocities and deprivations. Many feminists have argued that the retributive justice offered by criminal prosecutions gives inadequate recognition to victims of sexual violence (Franke 2006), although under the right circumstances, trials might be expected to play a more significant therapeutic role (Henry 2009). Feminists have generally emphasized the importance of other forms of transitional justice for women, including the adoption of restorative justice models like truth and reconciliation commissions and community-based initiatives (Nikolic-Ristanovic 2005), the integration of gender equality and economic and social development into demilitarization programs (Cahn 2006), and the according of the status of veterans to women who survive armed conflict (Rimmer 2010). However, there is also the danger that feminist support for transitional justice projects may end up blunting its critical analysis (Nesiah 2011).

                                                                                                                                                                        • Cahn, Naomi. “Women in Post-Conflict Reconstruction: Dilemmas and Directions.” Women and Mary Journal of Women and the Law 12 (2006): 335–376.

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                                                                                                                                                                          It is argued that postconflict justice necessitates addressing the centrality of gender in all postconflict activities, not only in its criminal justice component but also by reconceptualizing disarmament, demobilization, and reintegration (DDR) programs so they are integrated with democracy promotion, gender equality, and economic and social development; and by ensuring domestic legal reforms that enable women to fully exercise their rights.

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                                                                                                                                                                          • Franke, Katherine M. “Gendered Subjects of Transitional Justice.” Columbia Journal of Gender and Law 15 (2006): 813–828.

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                                                                                                                                                                            This article explores the accomplishments and limitations of criminal prosecutions of sexual violence as a form of transitional justice and argues that trials are not only inadequate as a redistributive mechanism but also offer scant recognition to victims who are forced to narrate their pain in the circumscribed language of legal testimony, in the service of larger goals of justice.

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                                                                                                                                                                            • Henry, Nicola. “Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence.” International Journal of Transitional Justice 3 (2009): 114–134.

                                                                                                                                                                              DOI: 10.1093/ijtj/ijn036Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                              Using the ICTY as a case study, the therapeutic significance of testimony for victims of wartime sexual violence is examined. It is argued that despite its inherent limitations, criminal justice under the right circumstances can play a significant role in acknowledging and redressing the harm and suffering of victims of wartime rape.

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                                                                                                                                                                              • Nesiah, Vasuki. “Missionary Zeal for a Secular Mission: Bringing Gender to Transitional Justice and Redemption to Feminism.” In Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance? Edited by Sari Kouvo and Zoe Pearson, 137–157. Onati International Series in Law and Society. Oxford: Hart, 2011.

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                                                                                                                                                                                This chapter explores the paradoxes of feminist critique and activism by examining feminist engagement with the field of transitional justice, arguing that rather than challenging its constitutive biases and hierarchies, feminism has become mainstreamed within it, often consolidating feminism’s most conservative strands.

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                                                                                                                                                                                • Nikolic-Ristanovic, Vesna. “Sexual Violence, International Law and Restorative Justice.” In International Law: Modern Feminist Approaches. Edited by Doris Buss and Ambreena Manji, 273–293. Oxford and Portland, OR: Hart, 2005.

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                                                                                                                                                                                  Recent trends in both international law and restorative justice in response to sexual violence in armed conflict are explored, highlighting the limitations of the punishment model of justice, as evident in the ICTY, and proposing that restorative justice models, including truth and reconciliation commissions and community-based initiatives, have an important role to play.

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                                                                                                                                                                                  • Rimmer, Susan Harris. “Sexing the Subject of Transitional Justice.” Australian Feminist Law Journal 32 (2010): 123–147.

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                                                                                                                                                                                    It is urged that feminist approaches to transitional justice should move beyond improving the content and application of international criminal law to women and towards advancing measures that will improve women’s long-term economic rights, such as according veteran status to women who survive armed conflict.

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                                                                                                                                                                                    International Human Rights Law

                                                                                                                                                                                    International human rights law has long been an important focus for feminists encouraged by the promise of “universal” enjoyment of human rights, without distinction on the basis of sex, presaged by the Charter of the United Nations. This engagement remained more hopeful than critical until the late 1980s. At this point, more than forty years since the adoption of the Universal Declaration of Human Rights in 1948, it was clear that women’s rights had been systematically neglected and marginalized in the UN system. Galvanized by the rallying cry that women’s rights are part of the mainstream of human rights, feminists turned their gaze to the foundational assumptions and conceptual frameworks of international human rights doctrines and institutions in search of explanations and, as a result, feminist scholarship in this field burgeoned. Reflecting the collaborative nature of much of this work, a number of innovative edited collections have been published (Cook 1994, Peters and Wolper 1995, Schuler 1995, Knop 2004, Askin and Koenig 1999), which showcase the quality and astonishing breadth of feminist scholarship in international human rights law. There are also some notable treatises in this area (Banda 2005, Merry 2006, Cook and Cusack 2009) and every indication that there will be many more in the near future. The focus of these volumes is asymmetrically on “women’s” human rights, except for two which concern themselves more broadly with issues of “gender” as they affect women and men and, in a few instances, other differently gendered people (Knop 2004, Merry 2006).

                                                                                                                                                                                    • Askin, Kelly D., and Dorean M. Koenig, eds. Women and International Human Rights Law. Vol. 1. Ardsley, NY: Transnational, 1999

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                                                                                                                                                                                      The first of three volumes, which together engage more than eighty feminist scholars in providing a comprehensive overview of international human rights law and its application to women and the girl-child, attesting to the breadth and depth of scholarship in this field by the turn of the century, this volume sets out a basic framework for analyzing human rights issues that affect women.

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                                                                                                                                                                                      • Banda, Fareda. Women, Law, and Human Rights: An African Perspective. Oxford and Portland, OR: Hart, 2005.

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                                                                                                                                                                                        This book reflects the complexities and hopefulness that attend the struggle for women’s human rights in Africa, discussing women’s experiences in the family, the issues of violence and reproductive rights, the practice of female genital cutting and the multifaceted interactions among culture, development, and women’s participation.

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                                                                                                                                                                                        • Cook, Rebecca J., ed. Human Rights of Women: National and International Perspectives. Pennsylvania Studies in Human Rights. Philadelphia: University of Pennsylvania Press, 1994.

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                                                                                                                                                                                          This collection is one of three groundbreaking compilations published in the mid-1990s. The contributors highlight structural and doctrinal impediments to the recognition of women’s human rights as human rights, examine ways to improve legal implementation at the international, regional, and national levels, and discuss a number of challenges presented by the implementation of human rights of particular significance to women.

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                                                                                                                                                                                          • Cook, Rebecca J., and Simone Cusack. Gender Stereotyping: Transnational Legal Perspectives. Philadelphia: University of Pennsylvania Press, 2009.

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                                                                                                                                                                                            Using the framework of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), this book makes a substantial contribution to the project of countering wrongful gender stereotyping, offering strategies that draw on domestic and international law to dismantle stereotypes that sustain discrimination against women and unequal power relations between women and men.

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                                                                                                                                                                                            • Knop, Karen, ed. Gender and Human Rights. The Collected Courses of the Academy of European Law. Oxford: Oxford University Press, 2004.

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                                                                                                                                                                                              The contributors to this collection are scholars working on gender issues outside the field of international women’s rights law, who were invited to reflect on the human rights field with a view to examining its interfaces with related disciplines and to deepen conversations across types and topics of inquiry related to gender and human rights.

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                                                                                                                                                                                              • Merry, Sally Engle. Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago and London: University of Chicago Press, 2006.

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                                                                                                                                                                                                This book highlights the challenge of translating international norms into local “vernacular,” particularly when it requires questioning taken-for-granted gender hierarchies. It draws on empirical research in Hawaii which found that many victims of domestic violence struggle to think of themselves as people with human rights and that many abusers have great difficulty rethinking their sense of themselves as men.

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                                                                                                                                                                                                • Peters, Julie, and Andrea Wolper, eds. Women’s Rights, Human Rights: International Feminist Perspectives. New York: Routledge, 1995.

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                                                                                                                                                                                                  This is the second of the three groundbreaking collections of feminist scholarship in international human rights law published in the mid-1990s. Contributors capture the diversity and dynamism of the newly emergent international campaign for women’s human rights, attesting to the need for international women’s human rights law, identifying some of the impediments to its attainment, and highlighting some of the most egregious instances of gender-based violence, discrimination, and persecution.

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                                                                                                                                                                                                  • Schuler, Margaret A., ed. From Basic Needs to Basic Rights: Women’s Claim to Human Rights. Washington, DC: Women, Law and Development International, 1995.

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                                                                                                                                                                                                    The third of the three collections of feminist scholarship in international human rights law published in the mid-1990s, this collection of thirty-four essays covers a wide spectrum of issues and geographies, with an emphasis on grounding analysis in women’s personal experiences and activism. Particular focus is given to economic and social rights, religious and cultural identity and human rights, and sexual and reproductive rights.

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                                                                                                                                                                                                    Structural Critiques and Postcolonial Perspectives

                                                                                                                                                                                                    Many feminist analyses of international human rights law have focused on examining its deep structural biases and assumptions in an effort to explain its resistance to feminist change. This body of work can be divided into “structural bias” and “Third World” critiques, with the latter challenging the lack of attention by the former to economic, social, and cultural differences between women in the First and Third Worlds (Engle 2005). Both strands of critique, however, question the law’s foundational commitments, rethinking critical and postcolonial legal scholarship through the lens of feminist theory and the experience of women’s everyday lives. The structural bias critiques add further dimensions to critical deconstruction of the discipline’s claims to universality, objectivity, and neutrality by exposing the masculinist bias of these claims (Charlesworth 1994), which has resulted in the relentless reproduction of vulnerable and dependent representations of women, despite the best efforts of feminists to change this (Otto 2006). The Third World critiques emphasize the importance of taking into account the “double jeopardy” created by colonialism for women in postcolonial states (Oloka-Onyango and Tamale 1995, Obiora 1997). Many are critical of the “arrogance” of various Western feminist approaches to addressing women’s human rights issues in the Third World (Gunning 1991–1992), including the reliance on essentialist understandings of “culture” as always being bad for women outside the West, which further disempowers and victimizes them (Higgins 1996, Obiora 1997, Kapur 2002).

                                                                                                                                                                                                    • Charlesworth, Hilary. “What Are ‘Women’s International Human Rights?’” In Human Rights of Women: National and International Perspectives. Pennsylvania Studies in Human Rights. Edited by Rebecca J. Cook, 58–84. Philadelphia: University of Pennsylvania Press, 1994.

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                                                                                                                                                                                                      This chapter argues that international human rights law has privileged a masculine view of the world, despite the discipline’s claims to universality, objectivity, and neutrality. Its “thoroughly gendered” structure and assumptions are explained, drawing examples from each of the three “generations” of human rights to show how the public/private distinction systematically excludes many issues of primary importance to women.

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                                                                                                                                                                                                      • Engle, Karen. “International Human Rights and Feminisms: Where Discourses Keep Meeting.” In International Law: Modern Feminist Approaches. Edited by Doris Buss and Ambreena Manji, 47–66. Oxford and Portland, OR: Hart, 2005.

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                                                                                                                                                                                                        Three overlapping and interconnected stages in the development of feminist critiques of international human rights law are identified and discussed—liberal inclusion; structural bias critiques; and, in part a reaction to the limitations of structural bias analyses, Third World critiques. It is argued that a compromise of culturally sensitive universalism, which ends up avoiding commitment to a radical redistribution of global wealth, has emerged.

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                                                                                                                                                                                                        • Gunning, Isabelle R. “Arrogant Perception, World-Travelling and Multicultural Feminism: The Case of Female Genital Surgeries.” Columbia Human Rights Law Review 23 (1991–1992): 189–248.

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                                                                                                                                                                                                          Critical of the arrogance of many Western feminist approaches to the issue of “female genital surgeries,” this article urges the importance of multicultural dialogue and mutual respect when addressing this and other controversial cultural practices.

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                                                                                                                                                                                                          • Higgins, Tracy E. “Anti-Essentialism, Relativism, and Human Rights.” Harvard Women’s Law Journal 19 (1996): 89–126.

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                                                                                                                                                                                                            It is urged that debates about cultural differences be approached as opportunities to understand the many ways that culture reinscribes gender hierarchy, thus emphasizing their potential to enrich the conversation instead of bringing it to a standstill.

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                                                                                                                                                                                                            • Kapur, Ratna. “The Tragedy of Victimization Rhetoric: Resurrecting the ‘Native’ Subject in International/Post-Colonial Feminist Legal Politics.” Harvard Human Rights Journal 15 (2002): 1–37.

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                                                                                                                                                                                                              As a means of disrupting the hegemony of essentialist understandings of gender and culture, which combine to produce the disempowered and helpless “native” victim subject of human rights law, it is proposed that peripheral resistive subjects, like sex workers and migrant workers, be brought to the fore in feminist theory and practice.

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                                                                                                                                                                                                              • Obiora, L. Amede. “Feminism, Globalization, and Culture: After Beijing.” Global Legal Studies Journal 4 (1997): 355–406.

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                                                                                                                                                                                                                It is argued that the focus on culture, or the “private” sphere, by First World feminists detracts from issues of greater concern to women in the Third World and often wrongly casts culture as the principal site of oppression of Third World women. The recognition of difference by balancing the benefits of both universalism and relativism is urged.

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                                                                                                                                                                                                                • Oloka-Onyango, J., and Sylvia Tamale. “‘The Personal Is Political’ or Why Women’s Rights Are Indeed Human Rights: An African Perspective on International Feminism.” Human Rights Quarterly 17 (1995): 691–731.

                                                                                                                                                                                                                  DOI: 10.1353/hrq.1995.0037Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                  These authors argue that feminist aspirations for human rights law tell only half the story if they stop at insisting that “the personal is political” and ignore the importance of addressing the economic disadvantage of women, due not only to gendered divisions of labor but also to global inequalities between the First and Third Worlds.

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                                                                                                                                                                                                                  • Otto, Dianne. “Lost in Translation: Re-scripting the Sexed Subjects of International Human Rights Law.” In International Law and Its Others. Edited by Anne Orford, 318–356. Cambridge, UK: Cambridge University Press, 2006.

                                                                                                                                                                                                                    DOI: 10.1017/CBO9780511494284Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                    This chapter traces the way that international human rights law relentlessly “resexes” its subjects hierarchically, from the earliest international instruments to the present, despite the best efforts of feminists, and argues that the only way out of this bind is to completely denaturalize gender, reconceiving it as multiplicitous rather than dualistic.

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                                                                                                                                                                                                                    Women’s Specific Human Rights Violations

                                                                                                                                                                                                                    Many of the historical struggles for women’s rights focused on gaining recognition of women’s specific rights, particularly in the areas of “family planning” and sexual violence, rather than relying solely on formal equality with men. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979, fostered women’s substantive equality with men, encouraging different treatment of women, provided that the outcome was de facto equality with men. A renewed emphasis on the need for the recognition of woman-specific rights emerged in the late 1980s, particularly in addressing widespread and endemic violence against women (Bunch 1990). The focus on violence has proved to be very effective in mobilizing women’s movements around the world and fostering new normative developments in human rights law (Edwards 2010), but it has also had the problematic countereffect of reducing women to vulnerable victims and attracting paternalistic rather than rights-based responses (Miller 2004). The importance of specific rights that recognize women’s sexual autonomy has also been highlighted (Lai and Ralph 1995). In contrast to the efforts to have violence against women recognized as a human rights violation, the struggle to elaborate rights associated with women’s sexual freedom and autonomy has floundered in the face of the perceived lack of “respectability” of those arguing for sexuality rights (Miller 2004) and ideological struggles among different religious and ethnic communities (Tambiah 1998). Recent scholarly analysis has focused on state obligations under CEDAW to address wrongful gender stereotyping and to take measures to modify social and cultural traditions that impede women’s equal enjoyment of human rights (Sepper 2008, Cusack and Cook 2009).

                                                                                                                                                                                                                    • Bunch, Charlotte. “Women’s Rights as Human Rights: Toward a Re-Vision of Human Rights.” Human Rights Quarterly 12 (1990): 486–498.

                                                                                                                                                                                                                      DOI: 10.2307/762496Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                      This article calls for a “transformation” of international human rights law to respond to women’s specific experiences of violation and degradation, describing violence against women as a “touchstone” that illuminates the present failure of universal human rights to problematize structural relations of male domination.

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                                                                                                                                                                                                                      • Cusack, Simone, and Rebecca Cook. “Stereotyping Women in the Health Sector: Lessons from CEDAW.” Washington and Lee Journal of Civil Rights and Social Justice 16 (2009): 47–78.

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                                                                                                                                                                                                                        Focusing on women’s right to the highest attainable standard of health, this article shows how pervasive wrongful gender stereotyping impairs the access of many women to the reproductive health care they choose by casting them as primarily mothers, as weak and vulnerable, and as incompetent decision-makers.

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                                                                                                                                                                                                                        • Edwards, Alice. Violence against Women under International Human Rights Law. Cambridge UK: Cambridge University Press, 2010.

                                                                                                                                                                                                                          DOI: 10.1017/CBO9780511779671Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                          Developments in international human rights law since the mid-1990s, to more fully address violence against women, are meticulously analyzed from a feminist critical legal theory perspective, concluding that the issue continues to be inadequately addressed and proposing a range of reforms that would enable a more radical transformation of the human rights system than envisaged by contemporary feminist strategies of inclusion.

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                                                                                                                                                                                                                          • Lai, Sarah Y., and Regan E. Ralph. “Recent Development: Female Sexual Autonomy and Human Rights.” Harvard Human Rights Journal 8 (1995): 201–227.

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                                                                                                                                                                                                                            The authors argue the need for elaboration of specific rights associated with women’s (and girl’s) sexual autonomy in light of the limitations of international human rights law as currently conceived, which does not, for example, recognize the right to be free from discriminatory practices aimed at controlling women’s sexual status.

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                                                                                                                                                                                                                            • Miller, Alice M. “Sexuality, Violence against Women, and Human Rights: Women Make Demands and Ladies Get Protection.” Health and Human Rights 7 (2004): 16–47.

                                                                                                                                                                                                                              DOI: 10.2307/4065347Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                              This article observes that one of the difficulties faced by those working for sexuality rights is that it is perceived to threaten the “respectability,” and therefore credibility, of the human rights field. The way that the focus on violence against women distracts from the need to develop rights-based challenges to the global structures that perpetuate women’s economic disadvantage is also highlighted.

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                                                                                                                                                                                                                              • Sepper, Elizabeth. “Confronting the ‘Sacred and Unchangeable’: The Obligation to Modify Cultural Patterns under the Women’s Discrimination Treaty.” University of Pennsylvania Journal of International Law 30 (2008): 585–639.

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                                                                                                                                                                                                                                This analysis of the first 30 years of the CEDAW Committee’s interpretation of Article 5(a), which specifically requires state parties to take measures to modify social and cultural practices that impede women’s full enjoyment of human rights, finds that the Committee is gradually giving the Article substantive content, setting progressively higher standards for what is acceptable.

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                                                                                                                                                                                                                                • Tambiah, Yasmin. “Realizing Women’s Sexual Rights: Challenges in South Asia.” Nordic Journal of International Law 67 (1998): 97–105.

                                                                                                                                                                                                                                  DOI: 10.1163/15718109820295507Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                  Social mores can prevent meaningful public discussion of women’s sexuality and related rights and, in the South Asian context, can be exacerbated by contests over women’s sexuality in ideological struggles among different religious and ethnic communities.

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                                                                                                                                                                                                                                  Gender Mainstreaming

                                                                                                                                                                                                                                  Gender mainstreaming is another strategy that has been promoted by many feminists to ensure that women’s human rights violations are universally recognized. It was adopted as a UN system-wide strategy at the Fourth World Conference on Women in 1995. In human rights law, gender mainstreaming has involved reinterpreting mainstream human rights to be more inclusive of women’s experience, as in the case of domestic violence which, when severe and left unaddressed by states, satisfies all the elements of torture (Copelon 1994). Further, the interpretation of the right to life by the Human Rights Committee, which monitors implementation of the International Covenant on Civil and Political Rights (ICCPR), has been criticized for not recognizing positive state obligations with respect to women’s reproductive rights (van Leeuwen 2007). Gender mainstreaming has not been confined to civil and political rights. It has also been used to argue that the present definition of the elements of the right to adequate housing ignore how domestic violence impacts on housing adequacy, security of tenure, and habitability (Paglione 2006) and to urge the Committee on Economic, Social and Cultural Rights to adopt a gender-mainstreaming General Comment (Otto 2002), which it has since done. While these developments show considerable promise, most assessments of the impact of gender mainstreaming emphasize the challenges it faces, including widespread resistance and its transformation from a political to a technocratic discourse that has lost the feminist commitment to equality (Gallagher 1997, Charlesworth 2005).

                                                                                                                                                                                                                                  • Charlesworth, Hilary. “Not Waving but Drowning: Gender Mainstreaming and Human Rights in the United Nations.” Harvard Human Rights Journal 18 (2005): 1–18.

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                                                                                                                                                                                                                                    The author argues that gender mainstreaming in the UN has “drowned out” the project of gender equality in its adaption to bureaucratic goals, detracting from the problem that sexed and gendered inequalities are structurally embedded in the international legal system.

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                                                                                                                                                                                                                                    • Copelon, Rhonda. “Recognizing the Egregious in the Everyday: Domestic Violence as Torture.” Columbia Human Rights Law Review 25 (1994): 291–367.

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                                                                                                                                                                                                                                      This article makes the argument that domestic violence, when severe and where states have not taken adequate measures to address it, satisfies all the elements of torture, which is not only prohibited by treaty law, but also considered to be a norm of jus cogens.

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                                                                                                                                                                                                                                      • Gallagher, Anne. “Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System.” Human Rights Quarterly 19 (1997): 283–333.

                                                                                                                                                                                                                                        DOI: 10.1353/hrq.1997.0015Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                        This early assessment of the challenges of implementing gender mainstreaming in the UN’s human rights system, focusing on the treaty-monitoring committees and investigatory mechanisms, notes widespread resistance, the complexity of the project, and the patchiness of outcomes and argues that present efforts and levels of understanding are not good enough.

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                                                                                                                                                                                                                                        • Otto, Dianne. “‘Gender Comment’: Why Does the UN Committee on Economic, Social and Cultural Rights Need a General Comment on Women?” Canadian Journal of Women and the Law 14 (2002): 1–52.

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                                                                                                                                                                                                                                          After critically examining the developing trend among human rights treaty bodies to adopt gender-mainstreaming general comments which authoritatively interpret their treaties to be inclusive of women’s human rights violations, the article argues that the Committee on Economic, Social and Cultural Rights should attend to the historical and structural causes of women’s inequality and the need to modify gender stereotypes in the elaboration of its comment.

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                                                                                                                                                                                                                                          • Paglione, Giulia. “Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing.” Human Rights Quarterly 28 (2006): 120–147.

                                                                                                                                                                                                                                            DOI: 10.1353/hrq.2006.0012Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                            The author illustrates the masculinist bias of the conceptualization of elements of the right to adequate housing by showing that the way that domestic violence impacts on housing “adequacy,” “security of tenure,” and “habitability” is ignored. It is also argued that the prohibition of “forced evictions” should include women forced to leave their homes because of violent partners.

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                                                                                                                                                                                                                                            • van Leeuwen, Fleur. “A Woman’s Right to Decide? The United Nations Human Rights Committee, Human Rights of Women, and Matters of Human Reproduction.” Netherlands Quarterly of Human Rights 25 (2007): 97–116.

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                                                                                                                                                                                                                                              It is argued that the Human Rights Committee has taken a limited approach to reproductive matters by focusing narrowly on violations of the right to life (when women are forced to seek unsafe abortions because of states’ failure to provide access to safe abortions), which fails to recognize states’ positive obligations to provide reproductive information and education and ensure access to contraception and good-quality maternal health care.

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                                                                                                                                                                                                                                              Men and Other Gender Identities

                                                                                                                                                                                                                                              It was in 1995 that a distinction between “sex” (nature) and “gender” (nurture) was formally accepted by states at the Fourth World Conference on Women, though not without strong resistance from religious fundamentalists who feared that the terminology of “gender” would threaten the “natural” family and legitimate a host of “unnatural” sexual practices, like homosexuality, lesbianism, and transexuality. For women’s rights advocates, the importance of this distinction was that women’s (and men’s) prospects and opportunities were socially constructed and could no longer be tied to their biology. While it is still nevertheless common for gender to be used as a synonym for “women” in international human rights law, increasingly feminists and queer legal scholars are exploring the new opportunities that are created by the recognition that gender is a social category by, for example, challenging the asymmetry of the focus on “women’s” rights, which has come to be taken for granted in the field, and arguing that the prohibition of discrimination on the ground of “sex” should include discrimination that men experience because of their gender (Rosenblum 2011). Another problem with a singular focus on women is that it ignores the relational character of gender and thus the need to address notions of masculinity that legitimate violence against women and violations of many other women’s human rights (Amirthalingam 2005, Anderson 2008). Others have advocated the imperative of “troubling” gender more fundamentally in human rights law, by rejecting the constraints of dualistic understandings of gender and recognizing the limitations of sex(ual) rights drawn from heteronormative models (Cossman 2002, Gross 2008).

                                                                                                                                                                                                                                              • Amirthalingam, Kumaralingam. “Women’s Rights, International Norms, and Domestic Violence: Asian Perspectives.” Human Rights Quarterly 27 (2005): 683–708.

                                                                                                                                                                                                                                                DOI: 10.1353/hrq.2005.0013Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                The author argues for a “gender” analysis of domestic violence, which would move the focus from women to men and thus address the causes of domestic violence by challenging the cultural prescriptions that many men are living up to when they assault their wives.

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                                                                                                                                                                                                                                                • Anderson, Kirsten. “Violence Against Women: State Responsibilities in International Human Rights Law to Address Harmful ‘Masculinities.’” Netherlands Quarterly of Human Rights 26 (2008): 173–197.

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                                                                                                                                                                                                                                                  In the context of eliminating violence against women, it is argued that international human rights law imposes obligations on states to eliminate harmful notions of masculinity that lead to such violence. Treating violence against women as predominantly an issue of women’s equality conceptually excludes or reduces the space for addressing harmful masculinities.

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                                                                                                                                                                                                                                                  • Cossman, Brenda. “Gender Performance, Sexual Subjects and International Law.” Canadian Journal of Law and Jurisprudence 15 (2002): 281–296.

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                                                                                                                                                                                                                                                    Critical of the way that “gender” continues to be understood as a fixed and self-evident category in international law, as in the Rome Statute, and often simply as a euphemism for women, this article urges the troubling of gender in order to open feminist analysis to a broader array of identities and subjectivities and a deeper understanding of international law’s margins.

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                                                                                                                                                                                                                                                    • Gross, Aeyal M. “Sex, Love, and Marriage: Questioning Gender and Sexuality Rights in International Law.” Leiden Journal of International Law 21 (2008): 235–253.

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                                                                                                                                                                                                                                                      This essay argues that queer perspectives enrich discussion of the operation of the sex/gender system within human rights law by exposing hierarchies not necessarily brought to light by feminist thinking, using the example of the tension between claims for gay marriage rights and sex(uality) rights—the former favoring state-regulated marital sex, which works against the pluralistic sexual ethics and sexual liberty that are valued by the latter.

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                                                                                                                                                                                                                                                      • Rosenblum, Darren. “Unsex CEDAW, or What’s Wrong with Women’s Rights.” Columbia Journal of Gender and the Law 20 (2011): 1–96.

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                                                                                                                                                                                                                                                        This article argues that the transformational promise of CEDAW will only be realized if we move on from the asymmetry of CEDAW, which reinforces the (mis)understanding of “sex” as a binary. It proposes instead that “sex discrimination” be understood as encompassing discrimination against not only women but also men and other sexes, including transgendered persons.

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                                                                                                                                                                                                                                                        International Refugee Law, Female Migration, and Trafficking

                                                                                                                                                                                                                                                        There has been a huge increase in the cross-border movement and internal displacement of women since the end of the Cold War due to many factors, including economic globalization, armed conflict, and gender-based persecution and violence. The movement of women is regulated by an inadequate and overlapping array of international and domestic laws relating to migrant labor, illegal entrants, human trafficking, internally displaced people, asylum seekers, and refugees, which have often made the movement of women even more dangerous. Third World women have been particularly affected by the androcentrism and Eurocentrism of laws pertaining to internal dislocation and cross-border flight (Oloka-Onyango 1996). While globalization has created many new economic opportunities for women, it has simultaneously increased the risks of exploitation and abuse, particularly for those working in low-paid jobs, like in domestic work and export processing zones (Fitzpatrick and Kelly 1998), and in the sex industry (Kapur 2010). Some scholars argue that efforts to address human trafficking have focused an inordinate amount of attention on the trafficking of women for the purposes of sexual exploitation, which has added substantially to the limitations that have been placed on women’s freedom of cross-border movement and served to conscript developing countries into attempts by the developed world to tightly control migration (Hathaway 2008). Others disagree, arguing that trafficking has been taken more seriously since being cast as an issue of border control and that efforts to incorporate a human rights approach into antitrafficking treaties have been largely successful (Gallagher 2009). Yet a third perspective is that developing states, like India, have willingly engaged in the project of restricting the cross-border movement of women, assuming it is invariably forced and that sex workers are always trafficked, in order to shore up their own nationalist projects which rely on repressive ideas about women as committed to the domestic sphere, modest, sexually submissive, and monogamous (Kapur 2010). In relation to refugee law, there has been a relatively long feminist engagement, which is promoting increased integration between refugee law and International Human Rights Law (Anker 2002). Developments in refugee law can be charted through a number of stages and have resulted in the gradual adoption of more gender-inclusive interpretations of “persecution” and the grounds of refugee status determination, while at the same time throwing up new challenges which threaten to reinscribe the invisibility of women’s particular experiences of the failure of state protection (Macklin 1995, Edwards 2010).

                                                                                                                                                                                                                                                        • Anker, Deborah E. “Refugee Law, Gender, and the Human Rights Paradigm.” Harvard Human Rights Journal 15 (2002): 133–154.

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                                                                                                                                                                                                                                                          Using the examples of rape and sexual violence, female genital surgeries, and family violence, the author argues that refugee law is increasingly building on feminist advances in human rights law in developing gender asylum law, which has the potential, in turn, to substantially impact on international human rights law.

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                                                                                                                                                                                                                                                          • Edwards, Alice. “Transitioning Gender: Feminist Engagement with International Refugee Law and Policy 1950–2010.” Refugee Survey Quarterly 29 (2010): 21–45.

                                                                                                                                                                                                                                                            DOI: 10.1093/rsq/hdq021Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                            Five stages of feminist engagement with refugee law are discussed showing that while the long-standing exclusion of women’s refugee claims is being addressed, many new challenges have emerged, including unhelpful stereotypes and the possibility that an emphasis on equality will be replaced by a more generic focus on gender.

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                                                                                                                                                                                                                                                            • Fitzpatrick, Joan, and Katrina R. Kelly. “Gendered Aspects of Migration: Law and the Female Migrant.” Hastings International and Comparative Law Review 22 (1998): 47–112.

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                                                                                                                                                                                                                                                              This article explores the ways that four levels of legal regulation of migration exacerbate the social and cultural inequalities that disempower female migrants, arguing that the balance between protecting them from abuse, while simultaneously ensuring their freedom to pursue economic opportunities, is wrongly calibrated.

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                                                                                                                                                                                                                                                              • Gallagher, Anne. “Human Rights and Human Trafficking: Quagmire or Firm Ground? A Response to James Hathaway.” Virginia Journal of International Law 49 (2009): 789–848.

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                                                                                                                                                                                                                                                                Disagreeing with Hathaway 2008’s criticisms of international legal developments aimed at curbing human trafficking, it is argued that, despite the system’s many flaws, these developments provide an unprecedented opportunity to extend legal protections to those whose life and labor are exploited for private profit by eroding the public/private split in international human rights law and fostering rights-based initiatives.

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                                                                                                                                                                                                                                                                • Hathaway, James. “The Human Rights Quagmire of ‘Human Trafficking.’” Virginia Journal of International Law 49 (2008): 1–59.

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                                                                                                                                                                                                                                                                  The author argues that international efforts to combat human trafficking are fundamentally in tension with human rights goals, due largely to the conflation of trafficking with prostitution fostered by the US Christian lobby and some radical feminists, providing a means for developed states to pursue a harsh border control agenda under the guise of promoting human rights.

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                                                                                                                                                                                                                                                                  • Kapur, Ratna. Makeshift Migrants and Law: Gender, Belonging and Postcolonial Anxieties. New Delhi: Routledge, 2010.

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                                                                                                                                                                                                                                                                    Utilizing a feminist postcolonial analysis, it is argued that the interests of the Indian postcolonial nation-state are served by the legal framing of the migrant subject as threatening the sexual, gender, and religious identities of the model citizen, which explains the dominance of moralizing and protective laws on trafficking and prostitution that regulate female migration.

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                                                                                                                                                                                                                                                                    • Macklin, Audrey. “Refugee Women and the Imperative of Categories.” Human Rights Quarterly 17 (1995): 213–277.

                                                                                                                                                                                                                                                                      DOI: 10.1353/hrq.1995.0019Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                                      The theoretical and practical implications of using gender as a category within the existing legal framework of refugee determination are critically examined through the lens of the 1993 Canadian Guidelines on Gender-Related Persecution, highlighting how the emerging concept of “gender persecution” challenges the self-understanding of refugee-receiving states as providing superior human rights protections.

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                                                                                                                                                                                                                                                                      • Oloka-Onyango, J. “The Plight of the Larger Half: Human Rights, Gender Violence and the Legal Status of Refugee and Internally Displaced Women in Africa.” Denver Journal of International Law and Policy 24 (1996): 349–394.

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                                                                                                                                                                                                                                                                        The author explores why international law has been generally oblivious to the situation of women, and more so of Third World women, highlighting its failure to establish an adequate framework for the rights and protection of refugee and internally displaced women who suffer pervasive marginalization, gender violence, and exploitation, as shown by the experiences of dislocated African women.

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                                                                                                                                                                                                                                                                        International Labor Law

                                                                                                                                                                                                                                                                        The International Labour Organization (ILO) has struggled to come to terms with the new economic and institutional terrain fostered by the neoliberal policies of the international financial institutions, and its implications for workers, especially for those engaged in precarious work, which has rapidly expanded, encouraged by free-market global economic governance (Rittich 2006, Vosko 2009). While economic globalization has increased women’s employment opportunities in many parts of the world, it has led to the concentration of female workers in precarious employment in the South and the North, typically involving domestic, care, or service work that is poorly paid and insecure, lending support to the argument that neoliberal economics relies on women’s inequality rather than leading to greater gender equality as claimed by the World Bank (Elias 2007). Feminist scholars have been critical of the apparent alignment of more recently adopted ILO standards with the ideology of so-called economic efficiencies, rather than the social justice goals of its constitution, including its Part-Time Work Convention (Murray 1999), its Core Labour Standards (Elias 2007), and its Convention on Domestic Workers (Blackett 2011). Yet, many feminist scholars remain optimistic about the potential of legal regulation to empower historically marginalized women workers (Blackett 2011) and improve the working conditions of those engaged in precarious work, like migrant domestic workers (Fudge 2011).

                                                                                                                                                                                                                                                                        • Blackett, Adelle. “Introduction: Regulating Decent Work for Domestic Workers.” Canadian Journal of Women and the Law 23 (2011): 1–45.

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                                                                                                                                                                                                                                                                          A history of international standard-setting on decent work for domestic workers is explored, followed by a discussion of the potential of labor regulatory frameworks to serve as an empowerment strategy for historically marginalized women workers, such as domestic workers, which emphasizes the importance of securing their rights in context and supporting their exercise of agency.

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                                                                                                                                                                                                                                                                          • Elias, Juanita. “Women Workers and Labour Standards: The Problem of ‘Human Rights.’” Review of International Studies 33 (2007): 45–57.

                                                                                                                                                                                                                                                                            DOI: 10.1017/S0260210507007292Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                                            Rather than the free market leading to the generation of greater gender equality, as the World Bank would have it, it is argued that women’s inequality is integral to neoliberal economic development. The author is concerned that the ILO’s Core Labour Standards are complicit in this agenda, despite their claimed convergence with human rights law.

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                                                                                                                                                                                                                                                                            • Fudge, Judy. “Global Care Chains, Employment Agencies and the Conundrum of Jurisdiction: Decent Work for Domestic Workers in Canada.” Canadian Journal of Women and the Law 23 (2011): 235–264.

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                                                                                                                                                                                                                                                                              This author argues that it is possible and desirable to harness multiple jurisdictions, different areas of law, and different levels of government to reduce the susceptibility of transnational migrant domestic workers to exploitation, illustrating her point by proposing techniques to improve the regulation of transnational employment agencies in Canada.

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                                                                                                                                                                                                                                                                              • Murray, Jill. “Social Justice for Women? The ILO’s Convention on Part-Time Work.” The International Journal of Comparative Labour Law and Industrial Relations 15 (1999): 3–19.

                                                                                                                                                                                                                                                                                DOI: 10.1023/A:1018770720322Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                                                It is argued that the approach taken by the ILO’s Part-Time Work Convention reinforces the segregation of much part-time work into low-standard female-dominated employment by privileging free-market considerations over the fundamental objective of social justice, which threatens to undermine three of the ILO’s Core Labour Standards and is not consistent with the ILO’s founding principles.

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                                                                                                                                                                                                                                                                                • Rittich, Kerry. “Rights, Risk and Reward: Governance Norms in the International Order and the Problem of Precarious Work.” In Precarious Work, Women, and the New Economy: The Challenge to Legal Norms. Edited by Judy Fudge and Rosemary Owens, 31–52. Oxford and Portland, OR: Hart, 2006.

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                                                                                                                                                                                                                                                                                  The author argues that the increasing incidence of precarious work, which largely engages women and other marginalized groups, is due to the “good labor market governance” reform agenda of the international financial institutions, which recoded such work as flexibility and opportunity and as a narrative of progress for workers, making resistance difficult, as evident in recent analyses of the ILO.

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                                                                                                                                                                                                                                                                                  • Vosko, Leah F. Managing the Margins: Gender, Citizenship and the International Regulation of Precarious Employment. Oxford: Oxford University Press, 2009.

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                                                                                                                                                                                                                                                                                    This critical analysis of the failure of national and international regulatory approaches to respond to the rise in precarious employment in contemporary labor markets, leaving already marginalized workers, particularly women and migrants, even more vulnerable to exploitation and abuse, considers this failure in the light of the historical interplay of employment norms, gender inequality, and the boundaries of citizenship.

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                                                                                                                                                                                                                                                                                    International Economic/Trade Law

                                                                                                                                                                                                                                                                                    The unprecedented global integration of national economies, and the conclusion of the World Trade Organization (WTO) agreements in 1994, are fostering new feminist legal analyses of the international economic order, the contours of which are still emerging (Beveridge 2005). At the heart of this new scholarship is the realization that international economic law’s claimed “neutrality” must be contested, and its politics and the interests it serves must be exposed and challenged (Pahuja 2000). In particular, feminist scholars highlight the entrenchment of gender inequalities by the privileging of economic goals over social development, as can be seen in the creation of a global market in reproductive and caring work that depends on women’s economic vulnerability and inequality (Rittich 2000), while also creating opportunities for new feminist interventions (Stewart 2007). This scholarship, like other feminist scholarship in international law, has both reformist and transformative goals. Reformist strategies seek to contest the growth-centered development promoted by WTO agreements by invoking the relevance and applicability of legal norms from other subdisciplines of public international law like gender equality, people-centered and sustainable development, human rights, and social justice (Choudhury 2008). Transformative analyses urge a total feminist rethinking of the priorities and goals of the international economic order (Wright 1995).

                                                                                                                                                                                                                                                                                    • Beveridge, Fiona. “Feminist Perspectives in International Economic Law.” In International Law: Modern Feminist Approaches. Edited by Doris Buss and Ambreena Manji, 173–201. Oxford and Portland, OR: Hart, 2005.

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                                                                                                                                                                                                                                                                                      This chapter seeks to explain the paucity of feminist interventions in international economic law and examine potential foundations for feminist critiques, focusing on how the almost complete absence of gender considerations from the discourses of the WTO might be challenged and identifying many specific issues that might be included in a gender agenda for the WTO.

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                                                                                                                                                                                                                                                                                      • Choudhury, Barnali. “Façade of Neutrality: Uncovering Gender Silences in International Trade.” William & Mary Journal of Women and the Law 15 (2008): 113–159.

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                                                                                                                                                                                                                                                                                        It is argued that, if international trade agreements are to raise living standards and promote sustainable development, the reluctance of trade bodies to examine linkages between trade and gender inequality must be overcome by realigning trade and nontrade priorities and incorporating a commitment to gender equality and other social concerns into trade law and policies.

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                                                                                                                                                                                                                                                                                        • Pahuja, Sundhya. “Trading Spaces: Locating Sites for Challenge within International Trade Law.” Australian Feminist Law Journal 14 (2000): 38–54.

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                                                                                                                                                                                                                                                                                          Elements of feminist theory are combined with parts of international trade theory to expose the fallacy of the conventional wisdom that international economic law can be separated from its effects (“politics”), using the debates over subsidies and regulatory competition to show that politics is not elsewhere and to increase the space for human rights activists to impact on trade law and policy.

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                                                                                                                                                                                                                                                                                          • Rittich, Kerry. “Transformed Pursuits: The Quest for Equality in Globalized Markets.” Harvard Human Rights Journal 13 (2000): 231–261.

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                                                                                                                                                                                                                                                                                            The links between neoliberal development, as promoted by the World Bank, in states transitioning from planned to market economies and the growing inequality experienced by women engaged in reproductive work are examined, revealing some of the ways that market reform processes create disadvantages for particular groups and inculcate a culture of tolerance for inequality, conflicting with transformative egalitarian social projects.

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                                                                                                                                                                                                                                                                                            • Stewart, Anne. “Who Do We Care About? Reflections on Gender Justice in a Global Market.” Northern Ireland Legal Quarterly 58 (2007): 337–358.

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                                                                                                                                                                                                                                                                                              Critical of feminist analyses of women’s human rights which have paid insufficient attention to inequalities associated with globalization, the author offers a framework to address these inequalities by focusing on the way that caregiving is being reconstructed by the new global market in social care, arguing that the caring relationships established provide the basis for developing feminist interventions.

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                                                                                                                                                                                                                                                                                              • Wright, Shelley. “Women and the Global Economic Order: A Feminist Perspective.” American University Journal of International Law and Policy 10 (1995): 861–887.

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                                                                                                                                                                                                                                                                                                The author argues that international economic legal regimes promoting free trade reinforce gender bias and discrimination and may even depend on the continuation of women’s inequality, urging a feminist reappraisal of global economic goals, the exercise of economic power, and the content and exercise of economic rights.

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                                                                                                                                                                                                                                                                                                International Environmental Law

                                                                                                                                                                                                                                                                                                Despite the activism of many feminists in environmental politics and movements around the world, international environmental law still awaits concerted feminist analysis. This will require drawing on alternative philosophical frameworks (Grear 2011) and challenging the underlying assumptions of the existing law (Rochette 2005).

                                                                                                                                                                                                                                                                                                • Grear, Anna. “The Vulnerable Living Order: Human Rights and the Environment in a Critical and Philosophical Perspective.” Journal of Human Rights and the Environment 2 (2011): 23–44.

                                                                                                                                                                                                                                                                                                  DOI: 10.4337/jhre.2011.01.02Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                                                                                                                                                  An alternative philosophical lens through which to understand the relationship between human rights and the environment is offered, which unites them in the ontological vulnerability of the living order itself, rejecting the liberal mind/body split which the author links to the destructive relationship between “humanity” and the “environment.”

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                                                                                                                                                                                                                                                                                                  • Rochette, Anne. “Transcending the Conquest of Nature and Women: A Feminist Perspective on International Environmental Law.” In International Law: Modern Feminist Approaches. Edited by Doris Buss and Ambreena Manji, 203–235. Oxford and Portland, OR: Hart, 2005.

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                                                                                                                                                                                                                                                                                                    The author argues that international environmental law needs sustained feminist analysis, both from within and from the outside, in order to expose and challenge some of its underlying assumptions which enable the continuing decline of the planet and the continued marginalization of women, the poor, and all “others.”

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