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A Gender-Sensitive Reading of the Obligation to Prevent War Crimes Under the Law of Armed Conflict
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0002-5947-3844
2023 (English)In: Legal Issues of International Law from a Gender Perspective / [ed] Ivana Krstić; Marco Evola; Maria Isabel Ribes Moreno, Springer, 2023, p. 91-112Chapter in book (Refereed)
Abstract [en]

The Law of Armed Conflict is an inherently male-normative branch under international law. Taking effect in situations of armed conflict, a context traditionally associated with masculinity, the law serves the purpose to: (a) set rules for conduct of warfare, and (b) ensure legal protection for those who are not taking actively part in the conflict. There are several distinct legal provisions that require States to take measures beforehand, that is, preventive measures, where the aim is to prevent future violations (including grave breaches) of the Law of Armed Conflict, should armed conflict erupt. The purpose of this paper is to explore what insights a feminist reading of the obligation to prevent war crimes might bring to the table. The analysis applies thoughts from feminist legal theory to the Law of Armed Conflict as a preventive legal regime. Furthermore, with regards to the preventive features, it is discussed how gender perspectives can purposefully be included in training and education for the civilian population and for members of the armed forces. In this paper, it is argued that a gender-sensitive reading of the law is required to ensure that war crimes are duly prevented. This would have to include war crimes other than acts of sexual violence, as arguably, the impact of certain war crimes, such as indiscriminate destruction of homes and the destruction of livelihoods may have an unduly heavy impact on women, obscured by hegemonic masculine perceptions. Therefore, particular mechanisms that enable gender-sensitivity should be established beforehand, in order for a State to fully fulfill its obligation to prevent all war crimes.

Place, publisher, year, edition, pages
Springer, 2023. p. 91-112
Series
Gender Perspectives in Law, ISSN 2731-8346, E-ISSN 2731-8354 ; 3
Keywords [en]
Feminist legal theory, Gender, Law of armed conflict, Preventive obligations, International armed conflict, War crimes
National Category
Law
Identifiers
URN: urn:nbn:se:oru:diva-102902DOI: 10.1007/978-3-031-13459-3_5ISI: 001086501800006ISBN: 9783031134586 (print)ISBN: 9783031134616 (print)ISBN: 9783031134593 (electronic)OAI: oai:DiVA.org:oru-102902DiVA, id: diva2:1723530
Available from: 2023-01-03 Created: 2023-01-03 Last updated: 2025-01-20Bibliographically approved

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Citation style
  • apa
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