Eithne Dowds is Lecturer in Law at Queen's University, Belfast.
PART I
THE LEGAL AND THEORETICAL CONTEXT
1. Rethinking Feminist Engagement with International Criminal Law: An Introduction
I. Key Terms and Scope of the Study
II. Setting the Theoretical and Legal Context
III. Contribution to Scholarship
IV. Methodology: From Theory to Practice
V. Recurrent Themes
VI. Chapter Synopsis
2. Feminism and International Criminal Law: Key Tensions
I. Introduction
II. Feminist Intervention into International Criminal Law
III. 'Running Hard to Stand Still': Feminism and the Criminal Justice Apparatus
IV. International Criminal Law as a Lost Cause? Framing Future Directions
V. Conclusion
3. The Feminist Strategy of Norm Transfer and the Complementarity Regime of the International Criminal Court
I. Introduction
II. Norm Transfer as a Feminist Strategy
III. Norm Transfer and the Role of the ICC's Complementarity Regime
IV. Norm Transfer as a Dialogue and the Definition of Rape
V. Conclusion
PART II
RAPE AS A CASE STUDY
4. Defining Rape in International Criminal Law: Development and Divergence
I. Introduction
II. Defining the Crime of Rape at the ad hoc Tribunals: Judicial Development
III. Defining the Crime of Rape at the ICC
IV. Domestic Approaches to Defining Rape
V. Conclusion
5. Rape in War, Rape in Peace: A New Typology of the Wrong of Rape
I. Introduction
II. Rape in Conflict: Innovation and Exceptionalism
III. Rape in Peace: The Egregious of the Everyday
IV. Conceptualising the Wrong of Rape at the ad hoc Tribunals: A New Typology
V. Conclusion
6. A Feminist Critique of the International Legal Definition(s) of Rape and the Prospect of Norm Transfer
I. Introduction
II. The Consent Threshold as Inappropriate in International Criminal Law
III. The Importance of Consent and the Politics of Representation
IV. Assessing the Competing Feminist Perspectives
V. The ICC Definition and the Feminist Strategy of Norm Transfer
VI. Revising the ICC Definition of Rape
VII. Conclusion
PART III
SHAPING FUTURE DIALOGUE ON NORM TRANSFER
7. Conclusion: Norm Transfer as a Dialogue
I. Norm Transfer as a Dialogue
II. The Relationship between Consent and Coercion
III. Legislative Drafting as a Feminist Methodology