Women's Rights in Armed Conflict under International Law

Description

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge. Cover Half-title page Title page Copyright page Dedication Contents Acknowledgements List of Tables Table of Treaties Table of Cases and Communications List of Abbreviations Part I Legal and Conceptual Framework 1 Fragmented Protection of Women’s Rights in Conflict: An Introduction 1.1 International Law and Women’s Rights in Conflict 1.1.1 The Emergence of a Fragmented Response 1.1.2 The Contemporary Fragmented Response 1.2 Challenges of Fragmentation 1.3 Scope and Methodology of the Book 1.3.1 An Institutional Approach 1.3.2 Country Case Study Approach 1.3.3 Focus on Emblematic Violations of Women’s Rights in Conflict 1.3.4 Data and Method 1.4 The Aim and Plan of the Book 1.4.1 Is Functional Specialisation Positively Serving and Enhancing Women’s Rights in Conflict? 1.4.2 Are the Regimes Interacting Productively on Women’s Rights in Conflict, or Undermining Advances in One Regime through Adverse Interactions with Others? 1.4.3 Are Women’s Rights Norms under International Law Underpinning Broadly Coherent Institutional Activities to Protect Women’s Rights in Conflict? 1.4.4 Is the Diversification of Sources Creating Opportunities for Greater Feminist Influence on International Law, or Is It Generating Weak Norms with which Belligerent Actors Selectively Comply? 2 An Overview of Laws and Institutions 2.1 Sources of Law 2.1.1 International Humanitarian Law 2.1.2 International Criminal Law 2.1.3 International Human Rights Law 2.1.4 United Nations Security Council 2.2 Definitions of Conflict and Women’s Rights 2.2.1 International Humanitarian Law 2.2.2 International Criminal Law 2.2.3 International Human Rights Law 2.2.4 United Nations Security Council 2.3 Monitoring Bodies and Enforcement Procedures 2.3.1 International Humanitarian Law 2.3.2 International Criminal Law 2.3.3 International Human Rights Law 2.3.4 United Nations Security Council 2.4 Conclusion 3 Regime Interactions and Tensions 3.1 Regime Interactions in Women’s Rights in Conflict 3.1.1 International Humanitarian Law and Its Interdependencies 3.1.2 International Criminal Law and Its Interdependencies 3.1.3 International Human Rights Law and Its Interdependencies 3.1.4 United Nations Security Council and Its Interdependencies 3.2 Interaction Opportunities 3.2.1 Diversity and Pluralism 3.2.2 More Tailored and Targeted Norms 3.2.3 Forum Shopping and Forum Shifting 3.3 Challenges of Fragmentation 3.3.1 ‘Fragmentation Strategies’ 3.3.2 ‘A Women’s Ghetto’ 3.3.3 ‘A Compliance Paradox’ 3.3.4 The Gender of Jus Cogens 3.4 Conclusion 4 Opportunities and Dilemmas for Women’s Participation 4.1 Formal Provision for Women’s Participation under International Law 4.1.1 International Humanitarian Law 4.1.2 International Criminal Law 4.1.3 International Human Rights Law 4.1.4 United Nations Security Council 4.2 The Role of Women’s Movements and Global Gender Equality Norms 4.2.1 ‘Global Gender Equality Regime’38 4.2.2 Origin of Norms 4.2.3 Norm Characteristics 4.2.4 Norm Conflict and Change 4.2.5 Norm Compliance 4.3 The Role of Institutions of International Law 4.3.1 Institutional Autonomy 4.3.2 Control of Expertise 4.3.3 ‘Teachers’ of Norms 4.4 Dilemmas for Women’s Participation 4.5 Conclusion Part II Case Studies 5 Women’s Rights and International Law in a Fragile State: The Democratic Republic of Congo 5.1 The Congo’s War on Women 5.1.1 Women’s Rights Violations in the Congolese Conflict 5.1.2 Sexual Violence 5.1.3 Girl Soldiers 5.1.4 Girl Soldiers under International Law 5.2 International Humanitarian Law and its Interdependencies 5.2.1 International Humanitarian Law Application 5.2.2 International Committee of the Red Cross Operational Activities 5.3 International Criminal Court and its Interdependencies 5.3.1 The Role of the Prosecutor 5.3.2 Judicial Development of the Law 5.3.3 Regime Interactions 5.3.4 Norm Coherence 5.4 International Human Rights Law and its Interdependencies 5.5 The United Nations Security Council and its Interdependencies 5.5.1 ‘Listing’ under Thematic Agendas 5.5.2 Sanctions 5.5.3 Peacekeeping and Peace Enforcement 5.6 Conclusion 6 Women’s Rights and International Law in Ending Conflict: Colombia 6.1 Women’s Rights in the Colombian Conflict 6.1.1 Cycles of Intersecting Violence and Discrimination 6.1.2 Sexual Violence 6.1.3 Forced Displacement of Female Civilians 6.1.4 Forced Displacement under International Law 6.2 International Humanitarian Law and its Interdependencies 6.2.1 International Humanitarian Law Application 6.2.2 International Committee of the Red Cross Operational Activities 6.3 International Criminal Law and its Interdependencies 6.3.1 Negotiating Peace in the Shadow of the International Criminal Court 6.3.2 Positive Complementarity and Women’s Rights: a ‘Gender Justice Shadow’129? 6.3.3 The Shadow of the Security Council 6.4 International Human Rights Law and its Interdependencies 6.5 The United Nations Security Council and its Interdependencies 6.5.1 Country-Specific Activity 6.5.2 Thematic Activity 6.5.3 Norm Alignment 6.6 Conclusion 7 Women’s Rights and International Law in Building Peace: Nepal 7.1 Women’s Rights and Conflict in Nepal 7.1.1 Women’s Rights Violations in the Nepalese Conflict 7.1.2 Sexual Violence 7.1.3 Enforced Disappearance 7.1.4 Enforced Disappearance under International Law 7.2 International Humanitarian Law and its Interdependencies 7.2.1 International Humanitarian Law Application 7.2.2 International Committee of the Red Cross Operational Activities 7.3 International Criminal Law and its Interdependencies 7.3.1 Eschewing the International Criminal Court 7.4 International Human Rights Law and its Interdependencies 7.4.1 Bootstrapping Human Rights Accountability 7.4.2 Recourse to Individual Communications 7.4.3 The Role of the Charter-Based System 7.5 The United Nations Security Council and its Interdependencies 7.5.1 Country-Specific Activity on Nepal 7.5.2 Thematic Activity 7.5.3 International Criminal Court Referral 7.6 Conclusion Part III Looking Forward 8 Fragmented Protection of Women’s Rights in Conflict: The Story So Far 8.1 Functional Specialisation 8.1.1 Institutional Activities under International Humanitarian Law 8.1.2 Institutional Activities under International Criminal Law 8.1.3 Institutional Activities under International Human Rights Law 8.1.4 Institutional Activities under the United Nations Security Council 8.2 Regime Interactions and Tensions 8.2.1 International Humanitarian Law and Its Interdependencies 8.2.2 International Criminal Law and Its Interdependencies 8.2.3 International Human Rights Law and Its Interdependencies 8.2.4 United Nations Security Council and Its Interdependencies 8.3 Norm Coherence 8.3.1 Sexual Violence in Conflict 8.3.2 Girl Soldiers 8.3.3 Forced Displacement 8.3.4 Enforced Disappearance 8.4 Diversification of Sources 8.4.1 Gendered Hierarchies of Sources 8.4.2 Gendered Division of Labour between Mainstream and Specialist Institutions 8.4.3 Selective Compliance 8.5 Conclusion 9 A New Story: A Feminist Toolbox for Fragmentation 9.1 The Toolbox 9.1.1 Regime Complementarity 9.1.2 Norm Alignment 9.1.3 Norm Reinforcement 9.1.4 Fruitful Diversity 9.2 The Possibilities of International Law Bibliography Index