International Law

Gendered Realities of the Immunity Principle: Why Gender Analysis Needs Feminism

Citation:

Sjoberg, Laura. “Gendered Realities of the Immunity Principle: Why Gender Analysis Needs Feminism.” International Studies Quarterly 50, no. 4 (December 1, 2006): 889–910. doi:10.1111/j.1468-2478.2006.00430.x.

Author: Laura Sjoberg

Abstract:

The discipline of international relations has had different reactions to the increased salience of gender advocacy in international politics; some have reacted by asking feminist questions about IR, while others have encouraged the study of gender as a variable disengaged from feminist advocacy. This article takes up this debate simultaneously with current debate on gender and the noncombatant immunity principle. Through a causal analysis of the ineffectiveness of the immunity principle, it argues that feminism is an indispensable empirical and theoretical tool for the study of gender in global politics. Concurrently, it demonstrates that gender stereotypes in the immunity principle are a natural part of the gendered just war narrative, rather than a deviation from normal immunity advocacy. It concludes by arguing that the gendered immunity principle fails to afford any civilians protection, and by suggesting a more effective, feminist reformulation based on empathy.

Topics: Combatants, Feminisms, Gender, Gender Analysis, International Law, Justice

Year: 2006

Women in Post-Conflict Reconstruction: Dilemmas and Directions

Citation:

Cahn, Naomi. 2006. “Women in Post-Conflict Reconstruction: Dilemmas and Directions.” William & Mary Journal of Women and the Law 12 (2): 335.

 

Author: Naomi Cahn

Annotation:

INTRODUCTION

I. OVERVIEW OF POST CONFLICT TRANSITION

A. Problems in Establishing the Post Conflict Framework

B. Problems with Post Conflict Donor Aid and Special Needs of Women

II. DDR PROGRAMS

A. Deconstructing DDR Programs

B. Reconstructing DDR Programs

1. Redesigning DDR Programs with Gender Centrality

2. Reconceptualizing DDR

III. GENDERED LAWS

A. The Scope of the Problem

B. International Law and Violence Against Women

C. Additional Means of Justice

D. The Need for Domestic Reforms Regarding Women’s Rights and Status

1. Developing a Model Statute

2. Changing Existing Law

3. Implementation

a. Gender-Sensitive Support

b. Gender-Sensitive Policies within the Legal System '

4. What Difference Does It Make: Why Change Domestic Rape Laws?

E. Rape Laws and Gender Equity

CONCLUSION

Topics: DDR, Gender, Women, International Law, International Criminal Law, International Humanitarian Law (IHL), Justice, Transitional Justice, Post-Conflict, Post-Conflict Reconstruction, Sexual Violence, SV against Women

Year: 2006

Security, Gender and Post-Conflict Reconstruction: The Need for a "Woman Question" When Engaging in Reconstruction

Citation:

Kfir, Isaac. 2012. “Security, Gender and Post-Conflict Reconstruction: The Need for a ‘Woman Question’ When Engaging in Reconstruction.” Texas Journal of Women and the Law 22 (1): 71–112.

 

Author: Isaac Kfir

Abstract:

In the field of post-conflict reconstruction, gender-related issues are mostly analyzed through a legal or a development paradigm. These conditions, coupled with a general disinclination by the international community—the industrialized, western countries—to challenge cultural norms, whether real or imagined, allows for a security-first and/or a security-development nexus to take precedence regarding post-conflict reconstruction. This paper advances the argument that by viewing gender issues as existential to the security of a state transitioning out of conflict, as opposed to viewing gender as a development or a legal issue, makes it possible to engage in real reconstruction, which means addressing the gender bias that dominates many societies. 

 

Topics: Development, Gender, Gender Mainstreaming, Governance, Post-Conflict Governance, International Law, Post-Conflict, Post-Conflict Reconstruction, Security

Year: 2012

Trying International Crimes on Local Lawns: The Adjudication of Genocide Sexual Violence Crimes in Rwanda's Gacaca Courts

Citation:

Amick, Emily. 2011. “Trying International Crimes on Local Lawns: The Adjudication of Genocide Sexual Violence Crimes in Rwanda’s Gacaca Courts.” Columbia Journal of Gender & Law 20 (2). http://cjgl.cdrs.columbia.edu/article/trying-international-crimes-on-local-lawns-the-adjudication-of-genocide-sexual-violence-crimes-in-rwandas-gacaca-courts/.

Author: Emily Amick

Abstract:

During the Rwandan genocide sexual violence was used as a weapon of war to ravage a people. Women were tortured psychologically, physically and emotionally. For some women the “dark carnival” of the genocide has not ended. Living side by sidewith the men who committed violence against them, they must confront their past every day. This Article explores how, post-genocide, the country has come to adjudicate these crimes in gacaca. Gacaca is a unique method of transitional justice, one that calls upon traditional roots, bringing community members together to find the truth of what happened during the genocide and punish those who perpetrated violence. One scholar calls gacaca, “one of the boldest and most original ‘legal-social’ experiments ever attempted in the field of transitional justice.” Others, however, criticize gacaca for the impunity it grants to crimes committed by the current ruling party, the Rwandan Patriotic Front (RPF), and its lack of due process and nonconformance to international fair trial processes. Most authors find that, for cases of sexual violence, gacaca is a wholly unsuitable forum.

Topics: Gender, Genocide, International Law, International Criminal Law, International Organizations, Justice, International Tribunals & Special Courts, Reparations, Transitional Justice, Post-Conflict, Sexual Violence, Male Perpetrators, SV against Women, Torture, Sexual Torture Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2011

New Perspectives on Gender and Migration: Livelihood, Rights and Entitlements

Citation:

Piper, Nicola. 2013. New Perspectives on Gender and Migration: Livelihood, Rights and Entitlements. London: Routledge.

Author: Nicola Piper

Abstract:

"Discussing recent theoretical and empirical developments in international migration from a gender perspective, this title discusses all major regions and highlights the broader social factors that influence migrating women's and men's roles as well as their access to resources, facilities and services." -WorldCat

Topics: Displacement & Migration, Gender, International Law, International Human Rights, Livelihoods

Year: 2013

A Feminist Analysis of UN Security Council Resolutions on Women, Peace, and Security

Citation:

von Braunmühl, Claudia. 2013. “A Feminist Analysis of UN Security Council Resolutions on Women, Peace, and Security.” In Feminist Strategies in International Governance. London: Routledge.

Author: Claudia von Braunmühl

Topics: Feminisms, Gender, Women, International Law, International Organizations, Justice, Peacebuilding, Peace Processes, Rights, Human Rights, Women's Rights, Security, Human Security, UN Security Council Resolutions on WPS, UNSCR 1325, UNSCR 1820, UNSCR 1888, UNSCR 1889, UNSCR 1960

Year: 2013

European Countries and the Implementation of UN Security Council Resolution 1325

Citation:

Schneiker, Andrea, and Jutta Joachim. 2013. “European Countries and the Implementation of UN Security Council Resolution 1325.” In Feminist Strategies in International Governance. London: Routledge.

Authors: Andrea Schneiker, Jutta Joachim

Topics: Gender, Women, International Law, International Organizations, Peacebuilding, Security, UN Security Council Resolutions on WPS, UNSCR 1325 Regions: Europe

Year: 2013

Translating International Norms: Filters to Combating Violence Against Women in Lebanon

Citation:

Sabat, Rita. 2013. “Translating International Norms: Filters to Combating Violence Against Women in Lebanon.” In Feminist Strategies in International Governance. London: Routledge.

Topics: Gender, Women, Gender-Based Violence, International Law, International Organizations, Justice, Sexual Violence, SV against Women Regions: MENA, Asia, Middle East Countries: Lebanon

Year: 2013

Barefoot, Pregnant and in the Kitchen: Am I a Child Soldier Too?

Citation:

Mouthaan, Solange. 2015. “Barefoot, Pregnant and in the Kitchen: Am I a Child Soldier Too?” Women’s Studies International Forum 51: 91–100. doi:10.1016/j.wsif.2014.11.004.

 

Author: Solange Mouthaan

Annotation:

Synopsis:
International law protects children from abuse, including sexual abuse, and from discrimination based on gender. It also prohibits the recruitment and use of child soldiers, but these provisions do not distinguish between boys and girls and their different experiences of armed conflict. International law also protects women from sexual violence or from discrimination based on gender, but does so without age distinction. This does not mean that girls' experiences of armed conflict are entirely precluded. For instance, the Cape Town Principles and Paris Principles single out girls as being specifically used for sexual purposes. However, no concrete international law provision attempts to protect girl child soldiers from sexual violence carried out by a member of the armed group they belong to. Consequently, an explicit link is missing within these different provisions to ensure that the use of child soldiers is understood widely enough to include sexual abuse against girls.

Topics: Combatants, Child Soldiers, Gender, Girls, International Law, Sexual Violence

Year: 2015

Pages

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