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Women’s violence and the law: in consideration of Shamima Begum (Blog Entry)
Get PDFWhat do responses to women’s violence reveal about gender and the law? In this blog, Sheri Labenski argues that gendered and sexist narratives on women’s roles in terrorist organisations, and violence more broadly, restrict women’s visibility in legal narratives on war
Countering Conflict Related Sexual and Gender-Based Violence through Reparations
No full textAcross the world, women and girls continue to experience a variety of gendered harms rooted in sex and gender-based discrimination. For the vast majority of women and girls who have experienced conflict related sexual violence (CRSV), justice remains elusive. The need for States to adopt a victim-centred approach in responding to CRSV was recognised by the UN Security Council with the adoption of Resolution 2467 (2019) under its Women, Peace and Security agenda. This means that States must ensure that survivors can access gender sensitive reparations. Transformative reparations are key to breaking the cycle of violence by preventing CRSV in the first place
Women Defendants and International Law: Feminist Dialogues
No full textThis book addresses the largely neglected place of women defendants in contemporary international criminal law, beyond the construction of women as victims, and asks what the analysis of women perpetrators, defendants and suspects reveals about international criminal law, the media and feminism.
The book uses the topic of women perpetrators, defendants and suspects as a way to explore the concept of legal subjectivity via a gender analysis. It highlights how women perpetrators, defendants and suspects are constituted through three spheres, namely the areas of international criminal law, the media and feminism. In examining the relationship between women perpetrators, defendants and suspects and each of these spheres, the book exposes embedded gender biases and structural gender fractures. These reveal that problematic assumptions about how gender operates in conflict are embedded in the very foundations of legal imaginations. Ultimately, the book argues that this has far reaching consequences, beyond its impact on current understandings of armed conflict. Rather, these assumptions should be a concern for us all, even in times of peace.
This book will be of use to legal academics and practitioners interested in gender within international criminal law, as well as those concerned with contemporary feminist approaches to law
Louise Arimatsu and Christine Chinkin, Gendered Peace Through International Law, Oxford, Hart Publishing, 2024, 312 pp, hb £65.00
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The right to reparations for sexual and gender based violence
No full textSUMMARY: • International efforts to prevent and respond to sexual violence in conflict are under critical scrutiny for failing to adequately take account of the particular needs of victims. • Women and girls experience unique harms during armed conflict and face additional barriers when seeking to access justice including reparations for conflict-related sexual violence (CRSV). • The launch in October 2019 of a multi-stakeholder Global Survivors Fund (GSF) for survivors of CRSV aims to address the deficiencies of formal justice mechanisms by re-centring international resources around survivors of such atrocities. • It is important not to confuse the GSF with reparations for to do so risks undermining the right of victims to reparation. • States are responsible for international human rights violations attributable to them, including CRSV, and have a legal obligation to provide reparations to victims of those violations. • Reparations for CRSV must be transformative in dimension: namely, they must be designed to promote gender equality and to prevent the commission of CRSV in the first place. • The CEDAW Committee’s approach to reparations that links the victim-centric human rights approach with structural or transformative change offers valuable insights. • The Security Council’s Women, Peace and Security agenda provides a gender-sensitive lens through which to understand the scope and content of States’ obligations in respect of reparation to women and girls. • The challenge for the international community is to address the immediate needs of victims, while ensuring that States are held accountable for HR violations attributable to them and that reparations for CRSV are transformative
Women’s violence and the law: in consideration of Shamima Begum
Get PDFWhat do responses to women’s violence reveal about gender and the law? In this blog, Sheri Labenski argues that gendered and sexist narratives on women’s roles in terrorist organisations, and violence more broadly, restrict women’s visibility in legal narratives on war
Bringing a gender perspective to crimes against humanity, genocide and war crimes
No full textInternational bodies must recognise the importance of publicly acknowledging the gendered experiences that people face rather than treating gender analysis as an ‘add on’. Dr Sheri Labenski details the discussion from the recent Centre event “What Does a Gender Perspective Bring to Crimes Against Humanity Genocide, and War Crimes?” where speakers Patricia Viseur Sellers and Akila Radhakrishnan, discussed crimes against humanity and genocide respectively, detailing reasons why a gendered approach should be applied to international offences and their prosecution
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