Gender Imaginaries, Child Soldiering, and International Criminal Law

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This article analyses the ability of the ICC to recognize the sexual and gender-based elements inherent in the war crimes set out in the Rome Statute. The paper does this by suggesting that the Court needs to consider the gender imaginaries attached to the text in order to reveal these elements. In doing so, the component parts of Article 8(2)(e)(vii), which sets out the crime of child soldiering, are analysed in relation to the feminization and masculinization of the language of the text. It is argued that in addition to approaching gender as a social construction, if the ICC is to be effective in implementing its gender mandate, then the Court will need to be aware of the gender imaginaries attached to the language of these crimes.
Original languageEnglish
Title of host publicationThe Asian Yearbook of Human Rights and Humanitarian Law
EditorsJavaid Rehman, Ayesha Shahid, Steve Foster
Place of PublicationUK
PublisherBrill Nijhoff
Chapter8
Pages169-191
Number of pages22
Volume3
ISBN (Print)978-90-04-40171-6
DOIs
Publication statusPublished - 22 Jul 2019

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criminal law
international law
gender
offense
war crime
language
social construction
statute
ability

Cite this

Ingber, M. (2019). Gender Imaginaries, Child Soldiering, and International Criminal Law. In J. Rehman, A. Shahid, & S. Foster (Eds.), The Asian Yearbook of Human Rights and Humanitarian Law (Vol. 3, pp. 169-191). UK: Brill Nijhoff. https://doi.org/10.1163/9789004401716_009

Gender Imaginaries, Child Soldiering, and International Criminal Law. / Ingber, Monica.

The Asian Yearbook of Human Rights and Humanitarian Law. ed. / Javaid Rehman; Ayesha Shahid; Steve Foster. Vol. 3 UK : Brill Nijhoff, 2019. p. 169-191.

Research output: Chapter in Book/Report/Conference proceedingChapter

Ingber, M 2019, Gender Imaginaries, Child Soldiering, and International Criminal Law. in J Rehman, A Shahid & S Foster (eds), The Asian Yearbook of Human Rights and Humanitarian Law. vol. 3, Brill Nijhoff, UK, pp. 169-191. https://doi.org/10.1163/9789004401716_009
Ingber M. Gender Imaginaries, Child Soldiering, and International Criminal Law. In Rehman J, Shahid A, Foster S, editors, The Asian Yearbook of Human Rights and Humanitarian Law. Vol. 3. UK: Brill Nijhoff. 2019. p. 169-191 https://doi.org/10.1163/9789004401716_009
Ingber, Monica. / Gender Imaginaries, Child Soldiering, and International Criminal Law. The Asian Yearbook of Human Rights and Humanitarian Law. editor / Javaid Rehman ; Ayesha Shahid ; Steve Foster. Vol. 3 UK : Brill Nijhoff, 2019. pp. 169-191
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