In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.
Alona Hagay-Frey, LL.M. (
cum laude) Tel Aviv University (2009), LL.B. in Law (
cum laude) and B.A. in Business Administration (
cum laude), Interdisciplinary Center Herzliya (“IDC Herzliya”) (2002). Her research has been awarded The Raoul Wallenberg Prize on Human Rights.
Excerpt of Table of Contents:
Prologue; Acknowledgments; Introduction: The Historical Vacuum
Part One: Beginning the Journey, Collecting the Tools
1. International Law from a Feminist Perspective
2. Law Reform and Reality?
3. Rape as a Unique Crime under Domestic Law
Part Two: Sex Crimes and International Law – Past, Present
4. The Era of Silence
5. The Era of Honor
6. A New Direction – Towards a New Era?
Part Three: Sex and Gender Crimes under the New International Law and a Proposed Solution
7. Summary of Achievements and Problems
8. Part of Existing Crime Categories or a Discrete Crime?
9. Sex and Gender Crimes as a Discrete Crime – A Preliminary Draft
10. Preliminary Draft of a New Crime Category
Summary and Conclusions; Bibliography; Index.
All those interested in International Law, International Criminal Law, Human Rights, Gender Studies and Feminist Discourse, Criminal Law, Social Sciences (particularly social and anthropological).