LAW - 978 Responses of International Law to Conflict-Based Sexual and Gender Violence

(2 hrs.)

Provides an overview and evaluation of international humanitarian law (IHL) and international criminal law relating to women and conflict. Specifically, the course will explore how women in times of conflict are treated under the various categories of the laws of war, such as civilians, combatants, detainees, refugees, and internally displaced persons, but also question whether these laws are sufficient to encompass the considerable variety of ways women are affected by conflict. In particular, the course will examine feminist critiques of IHL and consider the links between conflict and issues such as women’s inequality and inequitable economic and social conditions, and query whether these conditions lead to new and different types of discrimination against women in times of conflict. The course will also look at the developing jurisprudence dealing specifically with gendered violence from the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia and the “hybrid” or internationalized courts, as well as the provisions specifically relating to women in the Rome Statute and the practice of the International Criminal Court in implementing these provisions. The course will also examine from a critical feminist perspective, the consequences, both intended and unintended, of the prosecution of sex-based and gender-based crimes by these courts and tribunals.