This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements.
Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.
Table of Contents
Table of Cases
Chapter 1: Wartime Sexual Violence as a Feminist Topic of Analysis
Chapter 2: The Evolution of Gender-based Violence in International Law
Chapter 3: The Trajectory of Wartime Sexual Violence-from Marginalised Phenomenon of Wartime History to Highly Visible Offence in International Criminal Law
Chapter 4: Feminist Approaches to Human Rights, Gender, Ethnicity, Culture and Conflict
Chapter 5: The Dynamics of ‘Ethno-Nationalist Conflict’-The Interface of Gender and Ethnicity in ICTY and ICTR Wartime Sexual Violence Jurisprudence
Chapter 6: The Value of Critique and the Representation of Female Identity in Contemporary Wartime Sexual Violence Jurisprudence
Chapter 7: Conclusion
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.