Gina Heathcote - The Law of War and Peace: A Gender Analysis: Volume One

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THE LAW OF WAR AND PEACE

A Gender Analysis

THE LAW OF WAR AND PEACE

A Gender Analysis

Vol 1

Sara Bertotti, Gina Heathcote, Emily Jones, Sheri Labenski

CONTENTS

Sara Bertotti is a Doctoral Researcher and Teaching Fellow at the School of Law, SOAS University of London.

Gina Heathcote is a Reader in Gender Studies and International Law, at the Centre for Gender Studies and the School of Law, SOAS University of London.

Emily Jones is a Lecturer in the School of Law and Human Rights Centre at the University of Essex.

Sheri Labenski is a Research Officer in the Centre for Women, Peace, and Security at the London School of Economics and Political Science, where she works on an ERC-funded project Gendered Peace.

Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion) [1949] ICJ Rep 174

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa), notwithstanding Security Council Resolution 276 (1970) (Advisory Opinion) [1971] ICJ Rep 16

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Merits) [1986] ICJ Rep 14

Prosecutor v Tadi, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, Case IT-94-1, 2 October 1995

Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Rep 226

Prosecutor v Tadi, Opinion and Judgement, Case IT-94-1-T, 7 May 1997

Prosecutor v Akayesu, Judgement, Case ICTR-96-4-T, 2 September 1998

Prosecutor v Muci et al, Judgement, Case IT-96-21-T, 16 November 1998

Prosecutor v Kayishema et al, Judgement, Case ICTR-95-1-T, 21 May 1999

Prosecutor v Tadi, Judgement in Sentencing Appeals, Case IT-94-1-A, 26 January 2000

Prosecutor v Plavi, Initial Indictment, Case IT-00-39 & 40/1, 3 April 2000

Prosecutor v Nyiramasuhuko and Ntahobali, Amended Indictment, Case ICTR-97-21-I, 1 March 2001

Prosecutor v Todorovi, Sentencing Judgement, Case IT-95-9/1-S, 31 July 2001

Prosecutor v Kunarac et al, Judgement, Case IT-96-23 & 23/1-A, 12 June 2002

Prosecutor v Simi, Sentencing Judgement, Case IT-95-9/2-S, 17 October 2002

Prosecutor v Plavi, Sentencing Judgement, Case IT-00-39 & 40/1-S, 27 February 2003

Oil Platforms (Islamic Republic of Iran v United States of America) (Merits) [2003] ICJ Rep 161

Prosecutor v ei, Sentencing Judgement, Case IT-95-10/1-S, 11 March 2004

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion) [2004] ICJ Rep 136

A and Others v Secretary of State for the Home Department [2004] UKHL 56 (Belmarsh Case)

Independent Counsel v Brima et al, Sentencing Judgement in Contempt Proceedings, Case SCSL-2005-02 and Case SCSL-2005-03, 21 September 2005

Prosecutor v Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu, Judgment, Case SCSL-04-16-A, 22 February 2008

A and Others v the United Kingdom ECHR (Application no. 3455/05) 19 February 2009

Prosecutor v Nyiramasuhuko et al, Judgement and Sentence, Case ICTR-98-42-T, 24 June 2011

Prosecutor v Simone Gbagbo, Warrant of Arrest, Case ICC-02/11-01/12, 29 February 2012

Co-Prosecutors v Ieng Thirith, Decision on Reassessment of Accused Ieng Thiriths Fitness to Stand Trial Following Supreme Court Chamber Decision of 13 December 2011, Case 002/19-09-2007/ECCC/TC, 13 September 2012

Co-Prosecutors v Im Chaem, Closing Order Disposition, Case 004/1/07-09-2009-ECCC/OCIJ, 22 February 2017

ATCSA	Anti-Terrorism, Crime and Security Act, UK
ATT	Arms Trade Treaty
CEDAW	Convention on the Elimination of All Forms of Discrimination Against Women
CPN-M	Communist Party of Nepal-Maoist
COI	Commission of Inquiry
COIN	Counterinsurgency
DRC	Democratic Republic of the Congo
ECCC	Extraordinary Chambers in the Courts of Cambodia
ECHR	European Convention on Human Rights
ECtHR	European Court of Human Rights
FET	Female Engagement Team
HRA	Human Rights Act, UK
HRC	Human Rights Council
ICC	International Criminal Court
ICCPR	International Covenant on Civil and Political Rights
ICJ	International Court of Justice
ICRC	International Committee of the Red Cross
ICTR	International Criminal Tribunal for Rwanda
ICTY	International Criminal Tribunal for the former Yugoslavia
IMT	International Military Tribunal
IMTFE	International Military Tribunal for the Far East
INGO	International Non-Governmental Organization
ISIS	Islamic State of Iraq and Syria
LAWS	Lethal Autonomous Weapons Systems
LGBT	Lesbian, Gay, Bisexual, Transgender
LGBTQ	Lesbian, Gay, Bisexual, Transgender, Queer
LGBTQIA	Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual
NATO	North Atlantic Treaty Organization
NGO	Non-Governmental Organization
OHCHR	Office of the United Nations High Commissioner for Human Rights
OTP	Office of the Prosecutor
PLA	Peoples Liberation Army, Nepal
R2P	Responsibility to Protect
RNA	Royal Nepal Army
SCSL	Special Court for Sierra Leone
STL	Special Tribunal for Lebanon
TADA	Terrorist and Disruptive Activities (Control and Punishment) Act, Nepal
TADO	Terrorist and Disruptive Activities (Control and Punishment) Ordinance, Nepal
UN	United Nations
USAID	United States Agency for International Development
WILPF	Womens International League for Peace and Freedom
WWII	Second World War

feminism is a mode of analysis, a method of approaching life and politics, a way of asking questions and searching for answers, rather than a set of political conclusions about the oppression of women.

an exception is made in favour of women and children

Peace and war are predominantly understood in opposition to one another; likewise, understandings of security and insecurity or the assumed binary between men and women.

Peace is thus imagined as distinct from war, to be achieved at the end of hostilities and, significantly, given lesser research, resources and attention from international and state institutions. This can also be seen in academic curricula where war studies or strategic studies outnumber peace studies and peace research. This book is one of a two-volume set analysing international laws on peace and war from a gender perspective.

Seventeenth-century scholar Hugo Grotius is famously known for his treatise De Jure Belli ac Pacis, or On the Law of War and Peace, one of the earliest, and most influential, international legal texts that is often still referenced in international legal scholarship today.

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