Women's Rights in Armed Conflict under International Law

Comprehensive analysis of international law's protection of women's rights in armed conflict, with an emphasis on how these protections operate in practice.

Catherine O'Rourke (Author)

9781108464109, Cambridge University Press

Paperback / softback, published 24 February 2022

417 pages
22.8 x 15.2 x 2.1 cm, 0.6 kg

'This publication challenges the current discourse that frames women's rights in armed conflict as one grand narrative under the 'Women, Peace and Security' agenda, through an overview of normative standards and institutionalized practices under four international regimes: humanitarian law, human rights law, criminal law and security council resolutions. The use of case studies further contributes to a substantive understanding of the different legal regimes, the challenges of gaps and fragmentation, and importantly the consequences of a lack of coherence. This book will contribute to a more nuanced understanding of gender justice, accountability and the realization of women's rights.' Rashida Manjoo, University of Cape Town, Former UN Special Rapporteur on Violence Against Women, its Causes and Consequences

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

PART I: LEGAL AND CONCEPTUAL FRAMEWORK
1. Fragmented Protection of Women's Rights in Conflict: An Introduction
2. An Overview of Laws and Institutions
3. Regime Interactions and Tensions
4. Opportunities and Dilemmas for Women's Participation
PART II: CASE STUDIES
5. Women's Rights and International Law in a Fragile State: Democratic Republic of Congo
6. Women's Rights and International Law in Ending Conflict: Colombia
7. Women's Rights and International Law in Building Peace: Nepal
PART III: LOOKING FORWARD
8. Fragmented Protection of Women's Rights in Conflict: The Story So Far
9. A New Story: A Feminist Toolbox for Fragmentation
Bibliography
Index.

Subject Areas: Human rights & civil liberties law [LNDC], International humanitarian law [LBBS], International human rights law [LBBR], Human rights [JPVH]