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Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent

Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent

Author: Eithne Dowds
Publisher: Hart Publishing
ISBN: 9781509953585

Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509921898

List Price: HKD 519.87

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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.

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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