
Contents
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Introduction Introduction
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16.1. Key developments in statutory international humanitarian law regarding crimes against women in armed conflicts, from Nuremberg to Rome 16.1. Key developments in statutory international humanitarian law regarding crimes against women in armed conflicts, from Nuremberg to Rome
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16.1.1. The Charters of the Nuremberg (1945) and Tokyo (1946) tribunals 16.1.1. The Charters of the Nuremberg (1945) and Tokyo (1946) tribunals
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16.1.2. Geneva Conventions of 1949 and the two Additional Protocols of 1977 16.1.2. Geneva Conventions of 1949 and the two Additional Protocols of 1977
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16.1.3. Statutes of International Criminal Tribunal for the former Yugoslavia of 1993 and International Criminal Tribunal for Rwanda of 1994 16.1.3. Statutes of International Criminal Tribunal for the former Yugoslavia of 1993 and International Criminal Tribunal for Rwanda of 1994
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16.1.4. Statute of the International Criminal Court of 1998 16.1.4. Statute of the International Criminal Court of 1998
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16.1.5. The ontological shift regarding CAWs from ‘crimes of honour’ to ‘crimes of violence’ 16.1.5. The ontological shift regarding CAWs from ‘crimes of honour’ to ‘crimes of violence’
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16.2. Crimes against women in the jurisprudence of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda: Judicial interpretation in service of gender justice 16.2. Crimes against women in the jurisprudence of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda: Judicial interpretation in service of gender justice
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16.2.1. The pioneering jurisprudence of the ad hoc criminal tribunals regarding CAWs 16.2.1. The pioneering jurisprudence of the ad hoc criminal tribunals regarding CAWs
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16.2.2. Defining the crimes of rape and sexual violence 16.2.2. Defining the crimes of rape and sexual violence
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16.2.3. Rape and sexual violence as predicate crimes of the crime of genocide 16.2.3. Rape and sexual violence as predicate crimes of the crime of genocide
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16.2.4. Rape as war crime of torture 16.2.4. Rape as war crime of torture
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16.2.5. (Sexual) enslavement as a crime against humanity 16.2.5. (Sexual) enslavement as a crime against humanity
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16.2.6. Persecution based on gender as a crime against humanity 16.2.6. Persecution based on gender as a crime against humanity
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16.2.7. (Female) judges as gender-sensitive readers of the law 16.2.7. (Female) judges as gender-sensitive readers of the law
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16.3. The feminist ‘interpretative community’ as a driving force behind the statutory and jurisprudential advancements regarding crimes against women in armed conflicts 16.3. The feminist ‘interpretative community’ as a driving force behind the statutory and jurisprudential advancements regarding crimes against women in armed conflicts
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16.3.1. The feminist critical agenda in international law 16.3.1. The feminist critical agenda in international law
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16.3.2. Feminist ‘interpretative community’ shaping gender justice in international criminal tribunals and courts 16.3.2. Feminist ‘interpretative community’ shaping gender justice in international criminal tribunals and courts
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16.4. Challenges in preserving gender justice before the international and hybrid criminal courts 16.4. Challenges in preserving gender justice before the international and hybrid criminal courts
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16.4.1. The remainder of the feminist agenda in IHL 16.4.1. The remainder of the feminist agenda in IHL
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16.4.2. Preserving (feminist) judicial interpretations regarding CAWs 16.4.2. Preserving (feminist) judicial interpretations regarding CAWs
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References References
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16 Crimes against women in armed conflicts: Judicial activism and feminist legal interpretation as key factors in the reconstruction of concepts of international humanitarian law
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Published:March 2022
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Abstract
This chapter examines the novelties in international humanitarian law of the 1990s regarding crimes against women in armed conflicts and argues that they can be explained by two key factors. The first factor is the judicial activism of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda, rather uncommon for the criminal law area. The second factor is the very organized background work of the feminist ‘interpretative community’ against the gender bias in international law. The main conclusion is that although some challenges remain to be addressed, feminist legal discourse has finally started to win the semantic and conceptual ‘war’ against the most serious wording and ontological gaps in international humanitarian law that have existed since the aftermath of World War II, with the creation of the Nuremberg and Tokyo tribunals, and the subsequent Geneva Regime of 1949.
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