Women and international (criminal) law
While the Nuremberg Tribunal did not deal specifically with sexual crimes or the gender of victims, over the last twenty years, the evolution of international law, especially regarding criminal offences, has been characterized by a consideration of the gendered dimension of war crimes, crimes agains...
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| Publicado no: | URI:https://journals.openedition.org/cliowgh, |
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| Autor principal: | |
| Formato: | Article ou chapitre numérique |
| Idioma: | Anglais |
| Publicado em: |
Clio
2017
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| Assuntos: | |
| Acesso em linha: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Resumo: | While the Nuremberg Tribunal did not deal specifically with sexual crimes or the gender of victims, over the last twenty years, the evolution of international law, especially regarding criminal offences, has been characterized by a consideration of the gendered dimension of war crimes, crimes against humanity, and genocide. The International Criminal Tribunals for the former Yugoslavia (ICTY), for Rwanda (ICTR) and the International Criminal Court (ICC) have paid particular attention to sexual violence and women victims of war. Yet women are not in a simple binary relationship to the laws of war, i.e. as (potential) victims, or (less likely) agents of their violations. They may play other roles in promoting their elaboration or application, as investigators, prosecutors, defense lawyers or judges, witnesses or experts. This overview of current research will first consider international tribunals as both producer and medium of research on women and the laws of war. It will then consider the diversity of female figures as subjects or objects of these laws and justice, i.e. lawyers, criminals, victims and combatants. Similar questions can be found in these different cases : is “femininity” a specific explanatory factor, or in the end a secondary one, a stereotype to be deconstructed? Is there continuity between peacetime and wartime in the relationship of women to violence? Is the limitation of women's roles the product of international law or the expression of a wider male domination in the waging of wars? |
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