International Criminal Law and Sexual Violence against Women The Interpretation of Gender in the Contemporary International Criminal Trial
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