Gender and International Criminal Law

This book examines the place of gender in international criminal law (ICL) and proposes responses to improve accountability for gender-based crimes. It highlights the need for a nuanced understanding of gender and encourages a gender-competent approach to judging in ICL.

Format: Hardback
Length: 496 pages
Publication date: 14 July 2022
Publisher: Oxford University Press

The last few decades have witnessed remarkable advancements in international criminal justice, particularly in the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically overlooked, justified, or minimized, this category of crimes has now gained heightened prominence in the international political and judicial arena. Despite this progress, gender remains poorly understood, and blind spots, biases, and stereotypes persist. 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 analyzes past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors explore how best to implement a more nuanced understanding of gender in the practice of ICL by considering potential responses, such as 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' ultimate goal is to strengthen efforts for accountability for all atrocity crimes, including war crimes, crimes against humanity, genocide, and aggression.

The historical marginalization and underrepresentation of women in the field of international criminal justice have been a persistent issue. Women have often been excluded from participating in the investigation, prosecution, and adjudication of gender-based crimes, perpetuating a cycle of impunity and injustice. This book aims to address this gap by examining the role of gender in international criminal law (ICL) and exploring strategies for promoting gender equality and justice in the field.

One of the key challenges in understanding gender in ICL is the narrow conceptualization of gender that has prevailed in the past. Traditional approaches to gender have often been limited to binary notions of masculinity and femininity, overlooking the diverse experiences and identities of women. This book seeks to challenge these narrow definitions and promote a more nuanced understanding of gender that recognizes the intersectionality of gender with other factors such as race, class, and sexuality.

The authors of this book draw on a range of academic and practical perspectives to examine the place of gender in ICL. They explore the historical roots of gender discrimination in the field, the legal frameworks that have been developed to address gender-based crimes, and the challenges and opportunities that arise from promoting gender equality in ICL. The book also includes case studies and examples from various regions and contexts, highlighting the experiences of women victims of gender-based crimes and the efforts of feminist activists and legal professionals to promote gender justice.

One of the key recommendations of this book is the need for a comprehensive gender strategy in ICL. This strategy should involve the integration of gender considerations into all aspects of the criminal justice process, from the investigation and prosecution of gender-based crimes to the adjudication and implementation of sentences. It should also involve the active participation of women in all stages of the criminal justice process, including as witnesses, victims, and perpetrators.

In addition to a comprehensive gender strategy, the book also advocates for the gender-sensitive application of international human rights and humanitarian law. This involves recognizing the unique vulnerabilities and experiences of women victims of gender-based crimes and ensuring that their rights are protected and promoted. It also involves addressing the root

In conclusion, this book is a valuable contribution to the field of international criminal justice. It provides a comprehensive and nuanced understanding of the place of gender in ICL and offers practical strategies for promoting gender equality and justice in the field. By challenging narrow conceptualizations of gender and promoting a more inclusive and intersectional approach to gender, this book aims to contribute to the ongoing efforts to address the global epidemic of gender-based violence and promote a more just and equitable world.

Weight: 868g
Dimension: 242 x 164 x 31 (mm)
ISBN-13: 9780198871583