Women Armed Conflict And International Law

Author : Judith G. Gardam,Michelle J. Jarvis
Publisher : BRILL
Page : 306 pages
File Size : 47,5 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004482005

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Women, Armed Conflict and International Law by Judith G. Gardam,Michelle J. Jarvis Pdf

The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Author : Catherine O'Rourke
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 1108464106

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Women's Rights in Armed Conflict under International Law by Catherine O'Rourke Pdf

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

Author : Chile Eboe-Osuji
Publisher : Martinus Nijhoff Publishers
Page : 372 pages
File Size : 41,8 Mb
Release : 2012-08-27
Category : Political Science
ISBN : 9789004227224

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International Law and Sexual Violence in Armed Conflicts by Chile Eboe-Osuji Pdf

Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.

Author : Jody M. Prescott
Publisher : Routledge
Page : 170 pages
File Size : 46,8 Mb
Release : 2018-11-21
Category : Business & Economics
ISBN : 9781315467191

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Armed Conflict, Women and Climate Change by Jody M. Prescott Pdf

The gender-differentiated and more severe impacts of armed conflict upon women and girls are well recognised by the international community, as demonstrated by UN Security Council Resolution (UNSCR) 1325 on Women, Peace and Security and subsequent resolutions. Similarly, the development community has identified gender-differentiated impacts upon women and girls as a result of the effects of climate change. Current research and analysis has reached no consensus as to any causal relationship between climate change and armed conflict, but certain studies suggest an indirect linkage between climate change effects such as food insecurity and armed conflict. Little research has been conducted on the possible compounding effects that armed conflict and climate change might have on at-risk population groups such as women and girls. Armed Conflict, Women and Climate Change explores the intersection of these three areas and allows the reader to better understand how military organisations across the world need to be sensitive to these relationships to be most effective in civilian-centric operations in situations of humanitarian relief, peacekeeping and even armed conflict. This book examines strategy and military doctrine from NATO, the UK, US and Australia, and explores key issues such as displacement, food and energy insecurity, and male out-migration as well as current efforts to incorporate gender considerations in military activities and operations. This innovative book will be of great interest to students and scholars of international relations, international development, international security, sustainability, gender studies and law.

Author : Christine Chinkin
Publisher : Cambridge University Press
Page : 211 pages
File Size : 46,5 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108483476

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Women, Peace and Security and International Law by Christine Chinkin Pdf

An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).

Author : Helen Durham,Tracey Gurd
Publisher : Martinus Nijhoff Publishers
Page : 296 pages
File Size : 45,7 Mb
Release : 2005
Category : Social Science
ISBN : 9789004143654

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Listening to the Silences by Helen Durham,Tracey Gurd Pdf

Demonstrates that women are taking on increasingly less traditional roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. Reveals that women's requirements during times of war will continue to be inadequate so long as we continue silencing the differing perspectives. Australian editors.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2020
Category : Electronic
ISBN : OCLC:1434647731

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Women's Rights in Armed Conflict Under International Law by Anonim Pdf

Fragmented Protection of Women's Rights in Conflict: an Introduction The regulation of women's rights in conflict has travelled a great distance since initial feminist interventions into international law, which identified a 'masculine world' of international law with reinforcing organisational and normative structural factors that excluded women from its practice and women's lives from its areas of concern. States have agreed to limit the lawful conduct of armed conflict - including against female combatants and civilians - under international humanitarian law (IHL), and provided for international criminal jurisdiction over individuals bearing greatest responsibility for the most serious violations of these laws perpetrated against women. The extent to which states can limit the human rights of women, even in times of violent conflict, has been negotiated, litigated and interpreted in various instruments, consensus and interpretative documents grouped under international human rights law (IHRL)"

Author : Orly Maya Stern
Publisher : Routledge
Page : 252 pages
File Size : 43,5 Mb
Release : 2020-01-14
Category : Combatants and noncombatants (International law)
ISBN : 0367480514

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Gender Conflict and International Humanitarian Law by Orly Maya Stern Pdf

This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.

Author : Noëlle Quénivet
Publisher : BRILL
Page : 228 pages
File Size : 46,5 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004478541

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Sexual Offenses in Armed Conflict and International Law by Noëlle Quénivet Pdf

Noëlle N.R. Quénivet has constructed a valuable tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law. Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed inter alia that international law does not adequately prohibit sexual offences and that prosecution is scarce. This timely work examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded. Published under the Transnational Publishers imprint.

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 54,5 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author : Kelly Dawn Askin
Publisher : BRILL
Page : 473 pages
File Size : 48,5 Mb
Release : 2023-08-07
Category : Law
ISBN : 9789004642416

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War Crimes Against Women by Kelly Dawn Askin Pdf

This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.

Author : Christine Chinkin
Publisher : Unknown
Page : 196 pages
File Size : 45,5 Mb
Release : 2022
Category : Women
ISBN : 1108728707

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Women, Peace and Security and International Law by Christine Chinkin Pdf

In 2000, the UN Security Council adopted the ground-breaking Resolution 1325 on Women, Peace and Security (WPS) placing women at the centre of the agenda, thanks to years of campaigning. The Resolution recognises the differential impact of armed conflict on women and men, draws attention to the 'inextricable links between gender equality and international peace and security' and stresses the 'important role of women in the prevention and resolution of conflicts and in peace-building'. But what exactly is the WPS agenda and what is its content? What are its implications for peace and for security? And what does it mean for international lawyers? Through the narratives of women's activism and of international law this book seeks to make the WPS agenda better known to international lawyers and to ask whether it is, or could become, an international legal regime that conforms and responds to the realities of women's lives.

Author : Emmanuel Ibezim
Publisher : Lighthouse Press
Page : 128 pages
File Size : 40,5 Mb
Release : 2021-03-24
Category : Electronic
ISBN : 1950320243

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International Humanitarian Law by Emmanuel Ibezim Pdf

Author : Orly Maya Stern
Publisher : Routledge
Page : 252 pages
File Size : 41,6 Mb
Release : 2018-07-27
Category : Political Science
ISBN : 9781351391443

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Gender, Conflict and International Humanitarian Law by Orly Maya Stern Pdf

This book conducts a gendered critique of the ‘principle of distinction’ in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The ‘principle of distinction’ is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in ‘new wars’ today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women’s participation in ‘new wars’ in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.

Author : Daniela Nadj
Publisher : Routledge
Page : 280 pages
File Size : 45,9 Mb
Release : 2018-05-23
Category : Law
ISBN : 9781317228189

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International Criminal Law and Sexual Violence against Women by Daniela Nadj Pdf

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.