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Feminist Engagement with International Criminal Law

Norm Transfer, Complementarity, Rape and Consent

By: Eithne Dowds
Media of Feminist Engagement with International Criminal Law
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Published: 23-01-2020
Format: Hardback
Edition: 1st
Extent: 280
ISBN: 9781509921898
Imprint: Hart Publishing
Series: Studies in International Law
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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Loren Epson

About Feminist Engagement with International Criminal Law

This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Table Of Contents

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

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