Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent

ISBN-13: 9781509921898 / Angielski / Twarda / 2020 / 280 str.

Eithne Dowds

Spis treści

PART I THE LEGAL AND THEORETICAL CONTEXT 1. Rethinking Feminist Engagement with International Criminal Law: An Introduction I. Key Terms and Scope of the Study II. Setting the Theoretical and Legal Context III. Contribution to Scholarship IV. Methodology: From Theory to Practice V. Recurrent Themes VI. Chapter Synopsis 2. Feminism and International Criminal Law: Key Tensions I. Introduction II. Feminist Intervention into International Criminal Law III. ‘Running Hard to Stand Still’: Feminism and the Criminal Justice Apparatus IV. International Criminal Law as a Lost Cause? Framing Future Directions V. Conclusion 3. The Feminist Strategy of Norm Transfer and the Complementarity Regime of the International Criminal Court I. Introduction II. Norm Transfer as a Feminist Strategy III. Norm Transfer and the Role of the ICC’s Complementarity Regime IV. Norm Transfer as a Dialogue and the Definition of Rape V. Conclusion PART II RAPE AS A CASE STUDY 4. Defining Rape in International Criminal Law: Development and Divergence I. Introduction II. Defining the Crime of Rape at the ad hoc Tribunals: Judicial Development III. Defining the Crime of Rape at the ICC IV. Domestic Approaches to Defining Rape V. Conclusion 5. Rape in War, Rape in Peace: A New Typology of the Wrong of Rape I. Introduction II. Rape in Conflict: Innovation and Exceptionalism III. Rape in Peace: The Egregious of the Everyday IV. Conceptualising the Wrong of Rape at the ad hoc Tribunals: A New Typology V. Conclusion 6. A Feminist Critique of the International Legal Definition(s) of Rape and the Prospect of Norm Transfer I. Introduction II. The Consent Threshold as Inappropriate in International Criminal Law III. The Importance of Consent and the Politics of Representation IV. Assessing the Competing Feminist Perspectives V. The ICC Definition and the Feminist Strategy of Norm Transfer VI. Revising the ICC Definition of Rape VII. Conclusion PART III SHAPING FUTURE DIALOGUE ON NORM TRANSFER 7. Conclusion: Norm Transfer as a Dialogue I. Norm Transfer as a Dialogue II. The Relationship between Consent and Coercion III. Legislative Drafting as a Feminist Methodology