Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach

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Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach

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Publication Bachelor thesis,C
Title Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach
Author(s) Weski, Emelie
Date 2012
English abstract
In here, the criminalization of sexual violence is a manifestation of increased recognition of feminism, and proof of international law reaching at liberal criteria for legitimization. Though, in making conclusions other necessary criteria for fully recognized legitimacy are acknowledged (such as other types of rights, types of security and other levels for analysis). Though, from a strict feminist critical approach the criminalization of sexual violence, and the extent of such criminalization can by itself prove legitimacy or illegitimacy. The criminalizing of sexual violence took place over 100 years ago, yet the systematic use of it in warfare was not publicly condemned until the ICTR (International Criminal Tribunal of Rwanda) and the ICTY (International Criminal Tribunal of former Yugoslavia) (Buss, 2009, p. 356) took on the duty to prosecute and convict. Still today women’s security and sexual violence are research fields that awake a lot of hostile emotions. Findings show that there is few, if any, affects for those tribunals that fail to bring justice to rape victims; calling for an analysis of Walzer’s political fit. The international praxis of impunity supports feminism in an existing ‘male truth’ risking the security of women. The legitimacy of the institution of international law is, however, not dependent on one legal procedure. Liberalist and feminist different interpretations of adequate necessity to create peace frame after 15 224 words a utilitarian illusion which slows down the pace of the implementation of a feminist security agenda. However, the progress is still evidence of strife towards the Kantian society of states. An inconsistent moral consensus finally results in the conclusion that this thesis cannot confirm the institution of international law illegitimate, arguably validating legitimacy.
Publisher Malmö högskola/Kultur och samhälle
Pages 55
Language eng (iso)
Subject(s) International Criminal Tribunal of Rwanda
International Criminal Tribunal of former Yugoslavia
Special Court of Sierra Leone
Sexual violence
Michael Walzer
Immanuel Kant
Liberalism
Feminism
Impunity
Legitimacy
Political fit
Moral consensus
Law
Handle http://hdl.handle.net/2043/14090 (link to this page)

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