La Persona Civil y los Legados Esencialistas en la Corte Penal Internacional
For international criminal law, the status of the civilian is of outmost importance.Civilians encompass most of the protected groups against which war crimes andcrimes against humanity are committed. Yet, the notion of the civilian belongs tothe laws of war. It was in this realm where the idea of th...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8308022 |
| Source: | Anuario Iberoamericano de Derecho Internacional Penal, ISSN 2346-3120, Nº. 9, 2021 (Ejemplar dedicado a: Anuario Iberoamericano de Derecho Internacional Penal), pags. 1-26 |
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| Summary: |
For international criminal law, the status of the civilian is of outmost importance.Civilians encompass most of the protected groups against which war crimes andcrimes against humanity are committed. Yet, the notion of the civilian belongs tothe laws of war. It was in this realm where the idea of the civilian was constructedaround certain characteristics, essentializing it. The concept of the civilian and itsessentialisms has been transplanted to international criminal law. Using feministmethodologies, this essay seeks to show the construction of the civilian as weak,passive, submissive, and feminine; and how these characteristics are present andnaturalized in the International Criminal Court’s (icc) practice. I argue that theseessentialisms not only prevent gender justice but also pave the way to impunity, asthey misrepresent victims’ experiences and silence crimes. |
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