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International Law From A Feminist Perspective

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Chapter Summary

The aspirations of the feminist analysis of international law go beyond the objective of advancing women's issues. Several steps must be taken in order to analyze the way sexual offenses are and should be covered under international law. First, international criminal law's silence about sexual offenses, and the underlying gender bias that this silence reflects, must be exposed. Second, the archaic dichotomy between the private sphere and the public sphere, which international law maintained for centuries, must be shattered, because, as the author demonstrates in this chapter, the line drawn by this dichotomy overlaps to a great extent with the gender line. Finally, one must draw upon the important lessons of how the offense of rape has developed in the domestic law of nation-states. The chapter discusses the first two issues.

Keywords: archaic dichotomy; feminist analysis; international law; sexual offenses

10.1163/ej.9789004189126.i-182.8
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