OUVRAGE : I. Rosenthal, V. Oosterveld, S. SáCouto, Gender and International Criminal Law

Indira ROSENTHAL, Valerie OOSTERVELD, Susana SÁCOUTO 

The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail.

This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.


TABLE OF CONTENTS

Misconceptions and Misunderstandings about Gender in International Criminal Law

1. Indira Rosenthal, Valerie Oosterveld, Susana SáCouto, What is 'Gender' in International Criminal Law?

2. Judith Gardam, Michelle Jarvis, The Gendered Framework of International Humanitarian Law and the Development of International Criminal Law

3. Kirsten Campbell, Gorana Mlinarević, A Feminist Critique of Approaches to International Criminal Justice in the Age of Identity Politics: A Case Study of Conflict-Related Sexual Violence Prosecutions before the International Criminal Tribunal for the Former Yugoslavia, 

Expanding Approaches to Gender in International Criminal Law: Beyond 'Gender = Women' and 'Gender = Crimes of Sexual Violence'

4. Dubravka Žarkov, Sexual Violence Against Men in Contemporary Warfare

5. Gloria Atiba-Davies, Leo Nwoye, Children, Gender and International Criminal Justice

6. Patricia Viseur-Sellers, Jocelyn Getgen Kestenbaum, The International Crimes of Slavery and the Slave Trade: A Feminist Critique

7. Lisa Davis, Danny Bradley, Victory for Women and LGBTIQ Rights under International Criminal Law: Gender in the Draft Crimes against Humanity Treaty

8. Melanie O'Brien, Gender Dimensions of Forced Marriage in International Criminal Law

9. Rosemary Grey, Reproductive Crimes in International Criminal Law

10. Antonia Mulvey, Using International Criminal Law to Curb Discriminatory Practices Against Females: The Case of Female Genital Mutilation

Engendering Justice: The Future of International Criminal Law

11. Jonathan O'Donohue, Rosemary Grey, 'Gender-Inclusivity' in the International Criminal Court's First Reparation Proceedings

12. Daniela Kravetz, Gender and the Implementation of International Criminal Law in the Latin American Region

13. Catherine O'Rourke, Fragmentation Fears or Interaction Opportunities? The Role and Potential of International Human Rights Law in Shaping International Criminal Law's Gender Jurisprudence

14. Helen Durham, Laura Green, Contemporary Armed Conflict and Gender

15. Dianne Otto, Is International Criminal Law Particularly Impervious to Feminist Reconstruction? Legally Authorized Resistances to Feminist Judging

Indira ROSENTHAL, Valerie OOSTERVELD, Susana SÁCOUTO, Gender and International Criminal Law, Oxford, Oxford University Press, 2022 (496 pp.)