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

Author:   Eithne Dowds (Queen’s University, Belfast)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509921898


Pages:   280
Publication Date:   23 January 2020
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent


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Overview

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.

Full Product Details

Author:   Eithne Dowds (Queen’s University, Belfast)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.574kg
ISBN:  

9781509921898


ISBN 10:   1509921893
Pages:   280
Publication Date:   23 January 2020
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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

Reviews

Dowds's work is timely, original, and contributes to the existing scholarship in different ways. It is the first critical legal analysis to underline the notion of 'norm transfer' in the context of the international and domestic definition of rape, focusing on consent as an element of this crime and the potential interchangeable impact between these legislations on this matter. Moreover, it advances the typology of the harm and wrong of wartime rape, particularly the conceptualization of rape as a violation of sexual autonomy. -- Hilmi M Zawati * Journal of International Criminal Justice * With this book, Dowds does a major service to feminist activists and scholars struggling for greater accountability for rape ... Dowds' search for the underlying or core wrong of rape as a way to insist on a continuum between war rape and peacetime rape is admirable. -- Louise Du Toit * Feminist Legal Studies *


Dowds’s work is timely, original, and contributes to the existing scholarship in different ways. It is the first critical legal analysis to underline the notion of ‘norm transfer’ in the context of the international and domestic definition of rape, focusing on consent as an element of this crime and the potential interchangeable impact between these legislations on this matter. Moreover, it advances the typology of the harm and wrong of wartime rape, particularly the conceptualization of rape as a violation of sexual autonomy. -- Hilmi M Zawati * Journal of International Criminal Justice * With this book, Dowds does a major service to feminist activists and scholars struggling for greater accountability for rape ... Dowds’ search for the underlying or core wrong of rape as a way to insist on a continuum between war rape and peacetime rape is admirable. -- Louise Du Toit * Feminist Legal Studies *


Dowds's work is timely, original, and contributes to the existing scholarship in different ways. It is the first critical legal analysis to underline the notion of 'norm transfer' in the context of the international and domestic definition of rape, focusing on consent as an element of this crime and the potential interchangeable impact between these legislations on this matter. Moreover, it advances the typology of the harm and wrong of wartime rape, particularly the conceptualization of rape as a violation of sexual autonomy. -- Hilmi M Zawati * Journal of International Criminal Justice *


Author Information

Eithne Dowds is Lecturer in Law at Queen’s University, Belfast.

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