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3 Generating Incentives to Appoint Women to the International Bench: Experiences with State practice
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17 The Contribution of Women Judges and Prosecutors to the Development of International Criminal Law
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18 The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court
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1. Introduction 1. Introduction
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2. A Note on Theory and Methods 2. A Note on Theory and Methods
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3. Getting Women on the Bench: The Interplay of Legal Instruments, Specific Strategies, and Vested Actors 3. Getting Women on the Bench: The Interplay of Legal Instruments, Specific Strategies, and Vested Actors
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3.1 Legal Instruments 3.1 Legal Instruments
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3.1.1 Reforming judicial selection processes 3.1.1 Reforming judicial selection processes
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3.1.1.1 The nomination stage 3.1.1.1 The nomination stage
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3.1.1.2 The election stage 3.1.1.2 The election stage
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3.2 Enforcement of Gender Parity Policies and Women’s Representation 3.2 Enforcement of Gender Parity Policies and Women’s Representation
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3.3 Specific Strategies 3.3 Specific Strategies
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3.3.1 Building domestic and cross-national coalitions 3.3.1 Building domestic and cross-national coalitions
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3.3.2 Preparing future judges 3.3.2 Preparing future judges
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4. Vested Actors 4. Vested Actors
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4.1 Personal Agency 4.1 Personal Agency
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4.2 Political Accountability 4.2 Political Accountability
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5. Conclusion 5. Conclusion
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26 Keeping Gender on the Agenda for International Benches: A Case Study of the African Court on Human and Peoples’ Rights
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Published:December 2020
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Abstract
This chapter analyses the descriptive, symbolic, and substantive representation of women judges in international courts and tribunals. The last couple of years have witnessed slow progress in the quest to achieve sex balanced or gender parity benchmarks on the benches of international courts. While some courts have made incremental progress, others are still lagging. Using the African Court on Human and Peoples’ Rights (ACtHPR) as a case study, this chapter explores the factors that have contributed to the court’s gender parity outcomes in recent years. Moving beyond discussions of why women should be appointed, the chapter advances an argument on how to achieve gender parity through the creative interplay of three factors—legal instruments, specific strategies, and vested actors. The chapter makes a contribution to the literature on gender and diversity in international courts by highlighting some best practices for achieving and sustaining gender parity on the benches of international courts.
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