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Wyomi Gram Helweh WoodwardTCram INDEX (1/4) SHELL LINKS UN LINKS, INTERNATIONAL LAW TREATY HUMAN RIGHTS, INTERNATIONAL RELATIONS FOREIGN POLICY F.POLICY DISCOURSE STATE REALISM SECURITY MILITARY/MILITARISM EXONOMICS GLOBALIZATION DEVELOPMENT INDUSTRIALIZATION IMF/ECONOMICS. AGRICULTURAL DEVELOPMENT DIVISION OF LABOR CAPITALISM MARXISM NATIONALISM DIPLOMACY DEMOCRATIZATION SOVEREIGNTY, VICTIMIZATION POST-CONFLIC NUCLEAR WEAPONS, BORDERS, CULTURE/NATURE POWER LIBERALISM PUBLIC/PRIVAT EXAGGERATED SYMBOLS WESTERN JUSTICE (BY WALKER, TX RANGER) DICHOTOMIE RATIONALISM GAMES/MOD! SPLIT INDEX (2/4) FEM IR 5:8 9-16 7 18-23 24-35 36-39 40 41-52 53-59 60-67 68-7 76-82 83-87 88-102 103 104 105 106-108 109 HO-TLS 112-116 117 118-122 123-126 127-128 129 130-133 134-135 136 137 138 139-143 144 145 146-148, 149) 150-151 ‘Wyoming Forensics Institute 2004 ran elorch/Woodwaedic ram | SCIENCE POSITIVISM PHILOSOPHY MACHIAVELLI IR THEORY MASCULINITY IMPACTS DISCOURSE KEY TO LR. NOW KEY TIME TO LR. THEORY PATRIARCHY = MILITARISM MILITARISM HURTS WOMEN MILITARISM IMPACTS CURRENT IR = WAR ENVIRONMENT IMPACTS GENDER DICHOTOMIES IMPACT STATES HARM/MARGINALIZE WOMEN MEN IMPAC CIVILIAN CASUALTIES IMPACTS RAPE AND TRAFFICKING IMPACTS PATRIARCHY IMPAC INTERNATIONAL COOP IMPACTS. KRITIK HELPS PEOPLE OTHERIZATION IMPACTS ROOT OF ALL OPPRESSION IMPACT SQUO RENDERS IR IRRELEVANT ALTERNATIVES/SOLVENCY WOMEN’S GRASSROOTS PKE ENERAL ALT CARDS PING ALT MUST REJECT ABSOLUTISM MUST REJECT UNIVERSAL EXPLANATION REJECTING DICHOTOMIES KEY ACADEMIC Rl § ENVIRONMENT GENDERING SOLVES OPPRESSION GENDERING SOLVES MILITARISM FEMINISM RECONCEPTUALIZES SECURITY INDEX (3/4) 157-158 159-161 162 163-169 170 171-173 174-176 177-179 180-182 183-184 189-192 193-195 196-197 198, 199 200 201 202-203 204 205 206 207-209 212 27 218-219 20 216 243-250 7 on Feminist IR ‘Wyorning Forensics Institute 2004 pooe [a GramiCram Hench’ C sa AvThe Links: |, ORGANIZATIONS SUCH AS THE UN PROMULGATE MASCULINE * UNIVERSAL NORMS. Tickner, Ph.D., Political Science, M.A., International Retations, Yale University B.A., History, Professor of International Relations, University of Southern California, 2001 (J. Ann, Gendering World Politics: Issues and Approaches in the Post-Cold War Era, Page 112, Columbia University Press.) Intemational organizations such as the United Nations have played ar) important role in promulgating siniversal norms and standards of conduct thalas discussed earlier, have been seen by certain world order scholars a5 indicating he beginnings of global sie or an extension of he boot ond “Fes of pola communi bejandbeetondnte! While feminist ao “Saunne the possibility of comununiy bevond statist boundaries, they question the extent to which these ypiversalizing nots are based on male exper aces, Both feminist theorists and women organising IbmoUgT-saetat rove bring these gender biases to light and to try to reframe norms and rules in Poon et Teun sir One sich eample ha ben the cformulaton Ae Teaning of aman wigs AFFIRMATIVE CONCEPTUALIZATION OF INTERNATIONAL 7. RELATIONS OBFUSCATES WOMYN’S VOICES * ENLOE 839 (cynthis, Professor Govt @ Clark Univ, Bananas, Beaches, Bases] a fictional James Bond may have an energetic sex life, but neither sexu- ality nor notions of ssanhood nor roles of women are taken seriously by. ‘ost commentators in the ‘real’ world elatio and their overnment®yWhat really matters, conventional international imply, are mone) (guns/and the personalities of Teaders> of 1g. men) who make up the polit "The processes holding sway in SC societies have been designed so that it imainly mem who have the opporrunivies 19 accumulacetnone?) <5Bt01 weapourpand become publ ealided) As a consequence, any investigation that (Feats money, guns cy iny ts _in relations between societies is nee ee Be Feminist IR US FOREIGN POLICY IS IMPLICITELY SEXIST, RELYING UPON GENDER CONSTRUCTION SHALOM 93 (stepnea, Prot PoliSci @ William Patterson College, Fine vanous sources ofU.S. foreign pdlicy discussed here manifest themseives in ditferent ways. In the chapters that follow one ‘generally ont tind foreign policy-makers telling their collésguies “Here's how we can maintain global patriarchy” oF “Let's do such and such in ordero keep sg2y3 and lesbians in their place around the world." Sexism and heterosex. jam do not influence US. fe plowing 10 serperuate disci ‘ness and ack of emouon’ congue 7 B: The Implications: Imperial Alibis FEMINIST EMPHASIS ON COMMUNITY OVER AUTONOMY IS KEY TO OUR SURVIVAL TICKNER 794 (). Ann, Prof @ Holy Cross, Women, Gender and Worl Poittes} (We have seen that Realism purs a great deal of emphasis on suconomy and independence as desirable goals for states’ international behavior. In incernavional relaions auconemy is associated with national sovereigaty and is, therefore, very importane for achieving national securiey. Bur chis preoc- cupation wich autonomy tends co blind us co che realiies of incerdepen- dence in the peesene world situation! As we know, the incernational sys- tem is highly interdependent as individuals, corporations, money, and ‘goods move across international boundaries ia ways that require coordina: tion and cooperation, Since a Feminist perspective assumes chat intedepea- dence is as much a human characteristic as autonomy, it allows ws co ques, tion the desitability of autonomy. Serving for actachment is aso a pate of fhuman nature chat, while ic has been suppressed by che policies and prac- tices of che nation-state system, should be teclaimed and revalued if we ate to survive in our highly incerdependent world. Forensics 2004 ‘ramiCramHeivich Woodward Lab T Shell 2. EXPOSING THE CONSTRUCTED NATURE OF GENDERED POWER REALTIONS TOPPLES AN OPPRESSIVE SYSTEM... YOUR REJECTION OF THE AFFIRMATIVE CONSTRUCTION /S THE ALTERNATIVE ENLOE 89 (cynthis, Professor Gov't @ Clark Univ, Bananas, Beaches, Bases) ‘So what?"/one may ask, A book about international politics ought 12 “ave-ane with a sense Gsr"T can do something’ [Riatof rer inerdonal pout don. They eave one wih the tense that ‘i's al $Tie qresd of capalst sanomice-een i eaUnte? voor: OCD ct y vitable_as_the tides. Govern- ‘ments’ capacity to wound people, to destroy environments and dreams, is constandy expanding through their use of science and bureaucracy. International relationships fostered by these governments and their allies sor Su er andor agian, bu ems bevoed ou each 0 “alter them. They have ser st “aT cultures, a world that can cum tacos and sushi inco bland fast foods, gio ‘video pornography and socialize men from dozens of cultures ‘ino 2 common new culture of technocratic management. One clases most ‘Books on “International political economy’ with a sigh. They explain how iT works, but that knowledge only makes one Teas Uhowshe i oT y cs uN Feminist IR ey iy. have wried to hide and deny dheirrelisnce.on women as feminized workers, _sssepecable a oa we. Sin influencss-oni.sen abcess Dee eipeor ehpaid (nics, asolfee serving campaigners, 3 _eoniers and Tourists WE can expose their dependence on feminizing “Women we cat show tal this world system is also dependent on arificial notions of masculinity: uhis seemingly overwhelming watld system tnay B ‘more fragile and open (o radical change than we have been led. " Some women have already begun she difficult process of (rying 10 create a new international political system. Many point to the conference in Nairobi, Kenya, in 1985 to mark the end of the United Nations Decade of Women as a watershed. For eighty years Nairobi women had Decade of Women as x watershed. For ti i Te cakes «11 of nformation-eathering, aot of thinking, 3 of trial and cioor und a lot of emotionally draining SO7® Yo understand how notions “bout femininity and masculinity cteate and ststain global inequalities and, ‘ppressions in just.one of these sectors. Yet 2 truly elective fate reationat Hae aeuires us to make sense of how patriarchal ideas and p es ater and woe aOh gendered dynamics we have scafcel ‘begun to fathom. a er ging, 1 da on the ueortcal and ‘organizational work of women in 1890s Britain, 1950s Algeria, 1980s Philippines. btost of the conclusions are ‘tentative. What readers write in she oar te eS 2 Z int hei on expe OF EET erent wad» “infty will be at least 4s important in he i. c \ Feminist IR ‘Wouming Fores a 8 mela’ ‘GramiCram-Helwien Wooaward Lab 3. MASCULINE INTERPRETATIONS PREVENT RETHINKING COHN '93 {Carol, Gendering War Tal “The prevalence of this particular interpretive code is another example of how gender discourse affects the quality of thinking within the na- tional ity, first, because, as in the case Of the physicist ‘who “felt like a woman,” ic is internalized ro become a selfscensor;shere ‘things professionals simpl " + options they simply will not argue nor write about, because they know that to do so brand themselves as wimps. Thus, a whole range of inputs is leit our, a ‘whole series of options is foreclosed from their delibcrations. Fqually, if nor more ck: ugly, is the way in which this interpretive soding nor only limiys what is suid, but even limits what is though’, “He's [wimp a phrase thar stops thought.” When we were playing the Fame, once Tay opponede on the Blue Team “recognized the fact that 1 was a wimp,” that is, once he interpreted my team’s actions through the {ens of This common interpretive code in national security discourse, he, ‘Stopped thinking; he stopped looking for ways to understand what we were doing. He did not ask, “Why on earth would the Red Team do that? ‘What does it teil me about them, about their motives and purposes and goals and capabilities? What does it tell me about thei possible under- standings of my actions, or of the situation they're in?” or any other of the many questi it might have enabled him to revise his own ‘ception of the situation or perhaps achieve his goals sta far Tower level of Violence and destruction. Here, ag ve deterrenc to thought. 77° ote coming Forensics Institute 2004 ‘ramiCram Hetwich'Woodwara STATES AND EXTENTIONS OF THE STATE SUCH AS THE UN USE FORCE TO MAINTAIN CONTROL AND EXCLUDE WOMYN KOSKENNIEMI (University of Helsinki) JANUARY 1993 [Martt, “Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Legal Policy No, 25° The American Society of International Law accessed 7/19/04 wfiller ) States are patriarchal structures not only because they exclude women from efite ‘positions and decision-making roles, but also because they are based on the ‘concentration of power in, and control by, an elite and the domestic legitimation of a ‘monopoly over the use of force to maintain that control. 57 This foundation is reinforced by international legal prirciples of sovereign equality, political independence ‘and territorial integrity and the leaitimation of force to defend those attributes Internationat organizations are functional extensions of states that allow them to act ccallectively to achieve their objectives, Not surprisinaly, their structures replicate those of states, restricting women to insignificant and subordinate roles. Thus, in the United Nations itself, where the achievement of nearly universal membership is regarded as a ‘major success of the international community, this universality does not apply to women i. ® oN Feminist IR ‘Weoning Forensics asus 2008 voLalt ‘GramiCram Helwich Woodward EFFORTS WERE TAKEN TO MAKE “EQUAL” THE ONE COMMITTEE IN THE UN ENTIRELY COMPOSED OF WOMYN KOSKENNIEMI (University of Helsinki) JANUARY 1993 {Mart "Book Review: Reconcelving Reality. Women an International Law {Stucies in Transnational Legal Policy No. 25' The American ‘Sociely of International Law accessed 7/19/04 wil/er } ite the common acceptance of human rights 88-an-afea which attention Dest ‘can be directed toward women, they afe stil vastly underrepresented on UN See et odies. n67 The one committee that has all women members. the human hts Pine Eimination of Discrimination agains! Women (CEDAYE Committee), the monitoring body for the. Convention on the Elimination of Alt Commitee) mination aqainst Wormen (Womer's Convention). n6@ hes bese Ce gaproportonate™ representation of women by the United Nations Zeonomic and Social Council (ECOSOC). When itconsideres he CEDAW. Eiinmfec's sith repo, ECOSOC called upon the sate partes 2 Om both co ie experts for electon tothe commitlee. 69 Thus, as regards he female aft jee dedicated to women's interests, where women are well ‘doresented, efforts have been made to decsease female parichalon while the represertes commen dominance of men in other United Nations bocies does iMemarked. The CEDAW Committe in fact rejected ECOSOT's unremaried on on various grounds, including the fear that it might open the Gates toa lood of men, duting the women's majority and undermining the gales to 2 eeifectivencss. The representatives beloved tha the state partes and see OG should direc thelr aitertion to equality of cepresentation elsewhere batore seeking to interfere with the membership ofthis committee THE UN IS CONSTANTLY DISCRIMINATING AGAINST WOMYN SKQSICENWIEM (Unveraty of ets) JANUARY 1889 i, "Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Le; e Americar ty of ral LagalPaey No. 25" The A [nomatoraluon scenes TI afer) aoa Ail 8 was included in ho United N i ied Nations Chane rel a noun Und a fo ensue tn lealtmacy of women 2 puma sia meant pfomaonal onsale. Als tt “thes 7 sl place restrictions on the eligibility of men and wor to participate aa Wile wes nove opposton fo the concep of gener equa a the Toe S = er sit oncept snide wualit $ Franco Cneence, fh cafe the Chat sone dleglos ade he frovslonsuperivous and sat nt would be aida pul anna ssa into the Charter. However, at the insistence of the Committee of Women's Organization: Ct io the insi il ee ions, ‘cle 8 was ineuded. has vas salve diced vas nage tae ghazetn tha neate, ther than a an allen mn women as the rah to choose deleg . Intemational roaniaion was fought fo beona To tor slates. whose esom iment ies. anos nto be mosdad anyway aan cea women's apowientswihn fhe Utd Natone have ot tated co teu wood aye he Kio wea ofA Coupon Eaul fants fo: Wonee nthe Unted Natonshas obsenad [023 at "gender racism” is practiced in UN personnel policies “every week, every month, every 0 iced i ici id in UN personnel 24 ‘every month, ever a ‘Wyoming Forensics Institute 2004 CramiCram Helwicn Woodward Feminist IR THE FEW WOMEN WHO WORK IN THE UN ARE RELEGATED TO TRADITIONAL “WOMEN'S TASKS” Tickner, Ph.D., Political Science, M.A., international Relations, Yale University B.A., History, Professor of International Relations, University of Southern California, 2001 (J. Ann, Gendering World Politics: Issues and Approaches in the Post-Cold War Era, Page 111, Columbia University Press.) AFF toe 1940s, the postion of women in the UN Secretariat had improved a ie prcatar Tactile pee ETS See eon had gael 65 ascent acct, = on were pont cs itrated at lower staff levels and it has proved ee ae a a ape nage” ble UN FE ee Coe wena ia abel et OBIE Ta THOT, women headed dhe delegations of only 7 ofthe 185 member 1 Security Council, cpuniries, Becau red on the Security C carer soiges and perspectives have been virtually excluded frome the ina a ee anal si sed pea We men have been granted a sole in the diplomatic branch of Whe United 5 ended to be in what at shins Tas tendo} S inthis hus seinforcing established gender oles for example, the high comentration of women diplow ssi0 be lai of Women, where only a few men have served, Feminist iR wnlbel THE UN WAS FOUNDED UPON MASCULINIST AND SEXIST CONSTRUCTIONS OF MANS NATURE. Runyan, Associate Prof. and Chair, Dept. of Poly Sci, at Potsdam College, “Anne Sisson, “The State of Nature” Gendered States: Feminist Revisions of International Relations Theory, edited by Spike Peterson, Asst. Prof U. of Arizona, Lynne Reiner Publishing. Page 1%) Fs we UN doin ocualt cnperon anong nen of sifect eo OITIES Tesgna 1 establish new postwar wold order a arm EES Gr ame he paradigm of Min ie Homer bas oot urd FEIT eS have disfac is Hegemony Uy posing Wong Fe Gatherer as amore Tkely-molor of human cooptralion, Woman the Gatherer also provided a Tar more potent symbol for woes ior {Fair iberation from mate domination during dye UN Decade for Women han Fe nena man, rounding 7 Te ee bab bemen ate mn ciineat beast of Peeing Se SET aaa ee ee gal iimenin an pool difference o those a cnt md an inperain glee » ® oN Feminist IR Wyoming Forensies tnstitute 2004 7 ‘GramiCram Helwich Woodward page Lot WOMYN HAVE NO VOICE IN INTERNATIONAL LAW KOSKENNIEMI (University of Helsinki) JANUARY 1993 [Martt, "Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Legal Policy No. 25" The American Society of International Law accessed 7/19/04 wfiv/er ) The structure of the international legal order reflects a male perspective ang ensures its continued dominance, The primary subjects of international law are states and, increasingly, international organizations. In both stales and international organization: the invisibility of women is striking, Power structures within [°622] governments are ‘overwhelmingly masculine: women have significant positions of power in very few states, and in those where they do, their numbers are minuscule, _n56 Women are either unrepresented or underrepresented in the national and global decision-making processes, BECAUSE INTERNATIONAL LAW EFFECTS WOMYN DIFFERENTLY, THEIR EXPERIENCES ARE IGNORED AND THE WOMYN THEMSELVES ARE SILENCED. KOSKENNIEMI (University of Helsinki) JANUARY 1993 [Martt, “Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Legal Policy No, 25” The American Society of International Law accessed 7/19/04 wiiller ) Since the primary subjects of intemational law are states, it is sometimes assumed {hat the impact of international law falls on the state and nol directly on ineviduals. {in fact, the application of international law does affect individuals, which has been recognized by the International Cour in several cases._n71 International jurisprudence assumes that international iaw norms directed at individuals within slates ave universally applicable and neutral, Itis not recognized, however, that uch principles may impinge differenlly on men and women. consequently, women's experiences of the operation of these laws fend to-be silenced or discounted THIRD WORLD NATIONS AND WOMYN PARALLEL EACHOTHER’S POSITIONS IN INTERNATIONAL LAW KOSKENNIEMI (University of Helsink!) JANUARY 1993 [Martt, “Book Review: Reconceiving Reality: Women and international Law (Studies in Transnational Legal Policy No. 25° The American Society of International Law accessed 7/19/04 wiiller ) More general analogies have been drawn between the position of Third World states and that of women. Both groups are said to encounter the paternalist attitude that they must be properly trained to fit into the world of developed ‘countries and men, respectively. 132 oth feminists and developing nations have aiso resisted assimilation to prevailing standards and have arqued for radical change, emphasizing cooperation rather than ingividual self-advancement,_n33 Both groups have identified unilinear structures that allow their systematic domination and the development of apparently generally applicable theories from very narrow perspectWves G 7 c * Feminist IR Wyoming Forensics Institute 2004 ‘GramiGram HelvichWoodwars enn ks UNDER CURRENT INTERNATIONAL LAW, PEACE DOES NOT EXIST FOR WOMYN BECAUSE THEY ARE CONSTANTLY SUBJECTED TO VIOLENCE AND ABUSE FROM MEN CHARLESWORTH 1999 (Professor and Director of the Centre for International and Public Law, (Hilary, “Symposium On Method in International Law: Feminist Methods in International Law’, The American Journal International Law accessed 7/18/04 //wfl/er] “The notions of confct and attacks are themselves contingent and controversial, When do they begin and end? Eor many women, violence isnot reduced with the cessation of military hostities, and ostensible imes of peace maybe full of conc for women end produce serious human ahs violations. For example, Cynthia Enloe has described the ‘social structures surrounding many foreign military bases where women be abducted and forced ialo prostiulion or become prostitutes in order to sunvve, -n73 Thus, in Honduras women living on the fringes of United States bases have become caught up inva web of coercive and economic pressures to saiisty the miltary's expectation of the Sexval services of local women._n?4 Women's experience of violence and sexual abuse at [350] the hands of United Nations peacekeepers in Mozambique, Cambodia and Bosria_175 is another example ofthe unreal ofthe conficVpeace dichotomy, inthis context tho “peacekeepers” are the source of confict and violence. Yet another example isthe particularly harmful effects on women of economic sanctions imposed as-a result of armed confict_n76 The negotiation of the Dayton Peace Accords shows how ihe achievement of peace” may be at the expense of the recognition of, and compensation for, harm suffered by the most winerable aroups. _n77 The falure of the Dayton Accords fo acknowledge the {reatment of, or provide any assistance to, ihe Bosnian women who wore raped and sexually abused during the conflict has perpetuated their suffering, INTERNATIONAL LAW IS TOO GENERAL TO PREVENT DISCRIMINATION AGAINST WOMYN: CHARLESWORTH 1999 (Professor and Director of the Centre for International and Public Law, (Hilary, “Symposium On Method in International Law: Feminist Methods in International Law’, The American Journal international Law accessed 7/18/04 fhwfller} ‘A second methodological issue for feminists in international law is how to respond to the many differences among women. Intemational law asserts a generality and universality that can appear st/ikinaly incongruous in an intemational communily made up of almost two hundred different nationalities and many more cultural, religious, Inquistc and ethnic crquos. Thus, the abstract commitments of the Convention on the Elimination of A Forms of Discrimination against Women willbe translated in greatly varving Gircumstances, from pollical systems that do not alow women to vole, to systems of more subtie disermination, The occasional nod in the direction of diversity among women in international instruments remains at a very general level, for example, the use of classifications such as "Western women" and *Thitd World women.” These monolithic categories carry alot of baggage: assumptions of wealth, education, work and progress, con the one hand, and of poverty, oppressive traditions, iliferacy and overpopulation, on te olher. 17 Ip realy, as Chandra Mohanty has pointed out, “women are constituted ‘as women through the complex interaction befween class, cullufe, religion and other ideological institutions and frameworks. They are not women’ = a coherent aroup =- solely on the basis ofa partcular economic system or polo ”nt8 Ip Feminist IR vage 3 ot SIMPLY CHANGING LAWS WON'T HELP. WOMEN ARE OPPRESSED BY ‘SYSTEM OF PATRIARCHY AND OPPRESSION : Tickner, Ph.D., Political Science, M.A., International Relations, Yale University B.A. History, Professor of International Relations, University of Southern California, 2001 G. Ann, Gendering World Politics: Issues and Approaches in the Post-Cold War Eta, Page 13, Columbia University Press.) Radical femilum w 196s st 1s ned twat lene ose mame sonra 28100 dcp to WE cima By the seneval of ssl at dpe die eel atsomentapmgsion bs ihe fis the deqes, and nna se Mactive 1 t ead soe a pe ig eu nn th srl et ore’ qe tha pata ets he ee de hts pc i eg he fostering of relationships, radicals believe fh le tues could be the basis for better societies. Fl ‘A FOCUS ON THE LEGAL PROTECTION OF WOMYN'S HUMYN RIGHTS LEADS: INTERNATIONAL LAW TO IGNORE THE ABUSES SUFFERED BY WOMYN THROUGH ECONOMIC, SOCIAL, AND CULTURAL STATUS. CHARLESWORTH 1999 (Professor and Director ofthe Centte fo: International and cae Lew [Hlary, “Symposium On Method in itemational \ay Feminist Methods in ree eonal Law, The American Journal inlemational Law ‘accessed 7/18/04 /Iwfiller) ‘a oitferent type of silence that might be identified inthe legal protection of the human asi of women if-armed conflict the almost exclusive {eens OF ‘sexual violence. _n63 fialghts generated by the world traveling” method suagest ‘that this emphasis obscures Hear Siher human righ issues in times of armed confich particularly the protection of ‘Seonomic, social and cultural ants of women. Conflict exacerbates the globally unequal ection of women and sien in mary ways. We knew, fOr ‘example, of the distinctive 1used by conflict, posto placed on women through food and medical shoriages n64 When food is scarce, more women than men suffer from ‘malnutfition, often because of eeratnoms that requite men and boys fo eat belore wor ‘and qirls._n65 cua eran ralef for the vicims of conflict ceqularly fails to reach women, as men are tare responsibility for is distribution. _n6b Economic sanclons sed before, Sea Sr afer armod confi! have fad particular impact O° women and girls, who are during ora ey represented among tne poor._67 Althoush the effect of these fale heavily on women, they are nok understood Dy international iaw to be practices f iy on wor races fS Trgng that would engage either stale or individual tes onsibili i Y ¢ ‘ \ Feminist IR Wyoming Forensics Institute 2008 veel of Gancran Hebe Wooswars oooe fl. Inteenational Law Link WOMYN ARE EXPLICITLY EXCLUDED FROM INTERNATIONAL LAW CHARLESWORTH 1999 (Professor and Director of the Centre for International and Public Law, (Hilary, “Symposium On Method in International Law: Feminist Methods in International Law", The American Journal Intemational Law accessed 7/18/04 //wii/er] Intemational law has traditionally drawn a distinction between the principles of individual conduct that apply in times of armed conflict (international humanitarian law. IHL) and {hose that operate in peacetime (human rights law). This dichotomy has ied to many ‘anomalies and inconsistencies. n45 From a feminist perspective, the distinction has allowed IHL, wit its basis in codes of warriors’ honor,_n46 to factor out issues that do not rlate ts the warrior caste.__n4? For example, the guardian of IHL. the Intemational Committe of the Red Cross (ICRC), was abie to consider the Taliban's exclusion of ‘women from any workplace in Afghanistan as completely outside its mandate. Ignatieff hhas desoribed the sel-imposed constraints of the ICRC in this situation: “is leaitimacy depends on its working with wartiors and warlords: f they insist that women be kept out of siaht, thas no choice but fo go along,” 48 The honor of warriors has nothing to say about the oppfession of women. Human rights law, while more expansive in its coverage than (HL, has, as indicated above, provided a more limited response to the harms that women generally face compared with those confronting men. International criminal law, the topic ofthis symposium, is an amalgam of IHL and human rights law. In many ways, it has combined the gendered blind spots of both traditions. WHEN WOMYN ARE INCLUDED IN INTERNATIONAL LAW IT AS VICTIMS, AND MOTHERS. ‘THOUGHT TO BE IN NEED OF PROTECTION. CHARLESWORTH 1999 (Professor and Director of the Centre for International and Public Law, (Hilary, "Symposium On Method in International Law: Feminist Methods in International Law’, The American Journal International Law accessed 7/18/04 /iwfil/er] Women are not completely absent from the international legal order: for example, 2 specialized area of women's human rights law has been developed and there is some Specific acknowledgment of women in other areas of international law, But, by and large, when women enter info focus af all in international law, they are viewed in a very limited Way, often as victims, particularly as mothers, or potential mothers, in need of protection. Even the Platform for Action adopted by the Fourth World Conference on Women held (“3821 in Belling in 1995 endorses this circumscribed idea of womanhood, Debate in Beijing about what might constitute "balanced and non-stereotyped" images of women resulted in a paragraph referring to women’s experiences as including the "balancing [of] work and family responsibilities, as mothers, as professionals, as managers and as entrepreneurs." _n9 Dianne Otto has noted that this list of women’s major life experiences "neatly encapsulates the dominant possiblities for women which are approved by the Platform: the traditional role of mother remains central, bul is now ‘augmented by the addition of a role in the free market economy.” _n10 Many aspects of ‘many women’s lives are obscured in this account. tZ Feminist IR SB \neenationsl Law Link CONCERNING INTERNATIONAL LAW ONLY WITH THE PRIVATE EXCLUDES WOMYN FROM ITS PROTECTION BECAUSE OF OUR GENDER BASED CONCEPTIONS OF PUBLIC AND PRIVATE KOSKENNIEMI (University of Helsinki) JANUARY 1993 [Marti, "Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Legal Policy No. 25" The American Society of International Law accessed 7/19/04 wfi/er ) The normative structure of international law has allowed issues of particular concer to women to be either ignored or undermined. For example, moder international law rests ‘Shand reproduces various dichotomies between the public and private spheres, and the “publc® sphere is regarded as the province of infemational law. One such distinction is ‘between public international law, the law governing the relations between nation-states, and private international law, the fules about conflicts between rational legal systems. ‘Another is the distinction between matters of international “public” concer and matters "private" to states that are considered within their domestic jurisdiction, in which the international community has no recognized legal interest,_n72 Yet anather is the ine drawn between law and other forms of “private” knowledge such as morality. n73 [7626] Ata deeper level one finds a public/private dichotomy based on gender. n74 One explanation feminist scholars offer for the dominance of men and the male voice in all areas of power and authority in the westem liberal tradition is that a dichotomy is drawn between the public sphere and the private or domestic one,_ The public realm of the work place, the law, economics, polis and intellectual and cultural life, where power and authority are exercised, is regarded as the natural province of men, while the private world of the home, the hearth and children is seen as the appropriate domain of women. The publiciprivate distinction has a normative, as well as @ descriptive, dimension. Traditionally, the two spheres, are accorded asymmetrical value: greater significance is attached to the public, male world than to the private, female one. The distinction drawn between the public and the private thus vindicates and makes natural the division of labor and allocation of rewards between the sexes. Iis reproduction and acceptance in all areas of knowiedge have conferred primacy on the male world and supported the dominance of men. n75 Feminist concern with the public/private distinction derives from its centrality to liberal theory, Explanations for the universal attribution of lesser value to women and their activities have sometimes proposed a variation of the publiciprivate dichotomy: women are identified with nature, which is regarded as lower in status than culture -- the province ‘ofmen,_n76 As Carole Pateman has pointed out, however, this universal explanation for the male domination of women does not recognize that the concept of “nature” may vary widely among different societies. Such an analysis can be reduced easily to a simple biological explanation and does not explain particular social, historical or cultural situations, n77 Women are not aways opposed to men in the same ways: what is considered "public" in one society may well be seen as "private" in another. Buta universal pattern of identifying women's activities as private, and thus of lesser value, can bedetecied. 78 {Ss Feminist IR wb 8 Vv Y « How is the western liberal version of the public/private distinction maintained? Its naturalness rests an deeply held beliefs about gender. Traditional social psychology ught that the bench marks of “normal” behavior for men, on the one hand, 2nd women, ‘on the other, were entirely different, For men, normal and natural behavior was sSsentially active: it involved tenacity, aggression, curiosity, ambition, responsibil competition -- all attributes suited to participation in the public world, "Normal behavior {for women, by contrast, was reactive and passive: affectionate, emoiional, obedient an responsive to approval. n79 ‘Although the scientific basis ofthe publilprivate distinction has been thoroughly attacked and exposed 2s a culturally constructed ideology, n80 it continues to have a strong arip on legal thinking._The language of the publc/pivate distinction is built nto the language of the law iSelf law lays claim to rationality, culture, ‘power, objectivity all terms associated with the public or male realm. Itis defined in opposition fo the attributes associated wih the domestic, ptvate, female sphere: feeling, emotion, passivity, subjectivity. 181 Moreover, the law has always operated primariv within the public domain: itis considered appropriate to regulate the work place, the economy and the distribution of political power, while direct state intervention in the family and the home has long been reaarded as inappropriaie, n82 Violence within the home, for example, has generally been civen different legal significance from violence outside it; the injuries recognized ag tegally compensable are those which occur outside the home. Damages in civil actions are typically assessed in terms of abllty to participate in the public sphere. ‘Women have difficulty convincing law enforcement officals that violent acis within the home are criminal [A w rensics Institute 2004 ‘CranvGram Heluich’Woodward Intenationa |_LAw_Link pags Feminist IR INTERNATIONAL LAW IS INTENTIONALLY WRITTEN TO EXCLUDE THE PROTECTION OF WOMYN ~ EVEN FROM TORTURE, KOSKENNIEMI (University of Helsinki) JANUARY 1993 [Marti, “Book Review: Reconceiving Reality: Women and International Law (Studies in Transnational Legal Policy No. 25" The American Society of International Law accessed 7/19/04 swiiller } What force does the feminist ertique of the publiciprivate dichotomy in the foundation of domestic legal systems have for the intemational legal order? Traditionally, of course, intemational law was regarded as operating only in the most public of public spheres: the relations between nation-states. We arque, however, thatthe definition of certain ‘principles of international law rests on and reproduces the public/private distinction. It thus privileges the male world view and supports mate dominance in the international legal order. “The arp that the publiciprivate distinction has on international law, and the consequent banishment of women's voices and concerns from the discipline, can be seen in the international prohibition on torture, The right to freedom from torture and other forms of cctuel, inhuman or degrading treatment is generally accepted as a paradiamatic civil and political right,_Itis included in all international catalogs of civil and political rights | n85 and is the focus of specialized United [°628] Nations and regional treaties. 86 The Tight to be free from torture is algo regarded as a norm of customary international law ~ indeed, like the prohibition on slavery, as a norm of jus cogens. The basis far the right is traced to "the inherent dignity of the human person."_n88 Behavior constituting torture is defined in the Convention against Torture as ‘any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a thitd person information or a confession, punishing him for an act he or a third person has committed oF is suspected of having committed, ar intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by oF at the instigation of or with the consent or acquiescence of a public official cor other person acting in an official capacity. 89 This definition has been considered broad because it covers mental suffering and behavior “at the instigation of” a public official. n90 However, despite the use of the term “human person” in the Preamble, the use of the masculine pronoun alone in the definition Of the proscribed behavior immediately gives the definition a male, rather than a truly human, context. More importantly, the description of the prohibited conduct relies on a distinction between public and private actions that obscures injuries to their dignity {typically sustained by women. The traditional canon of human rights law does not deal in ‘categories that fit the experiences of women. tis cast in terms of discrete violations of fights and offers litle redress in cases where there is a pervasive, structural denial of fights. 91 y \ J ‘Woming Forensics Institute 2004 Feminist IR ‘CramiCram Helwich Woodward nicenawanal bao Luk +d Voy ‘The international definition of torture requires not only the intention to inflict suffering but aiso the secondary intention that the infliction of suffering will fulfil a purpose. Recent evidence suggests that women and children, in particular, are victims of widespread and rently random terror campaigns by both governmental and querrilla groups in times of civil unrest or armed confict,_n92 Such suffering is not clearly included in the international definition of torture. A crucial aspect of torture and cruel, inhuman or degrading conduct, as defined, is that they take place ip realm: @ public official or a person acting officially must be implicated in the pain and suffering. The rationale for this imitation is that "private acts (of brutality) would usually be ordinary criminal offenses which national law enforcement ise to repress. International concer with torture arises only when the Stale itself abandons its function of protecting its citizenry by sanctioning criminal action by law enforcement personnel.” _n93_[°629] Many women suffer from torture in this fimited sense._n94 The International risprudence on the notion of torture arguably extends 10 ‘sexual violence and psychological coercion if he perpetrator has official standing._n95 However, severe pain and suffering that is inflicted outside the most public context of the state -- for example, within the home or by private persons, which is the Most pervasive and significant violence sustained by women ;- does not qualify as torture despite its impact on the inherent dignity of the human person. Indeed, some forms of violence are attributed to cultural tradition, The message of violence against women, argues Charlotte ‘Bunch, is domination: {Sitay in your place or be afraid. Contrary to the argument that such violence is only ‘personal or cultural, itis profoundly politcal. It results from the structural relationships of ‘power, domination, and privilege between men and women in society. Violence against women is central 1o maintaming those political relations at home, at work, and in all public spheres. 96 States are held responsible for torture only when thelr designated agents have direct esponsibility for such acts and that responsibilty is imputed to the state. States are not considered responsible if they have maintained a leaal and social system in which violations of physical and mental integrity are endemic. n97 In its draft articles on state responsiblity, the International Law Commission did not widen the concept of imputaity to neorprate such acts. 98 A feminist perspectve.on human rights would reduiteareinking of the notions of mouabily and state responsibilty and inthis sense past chalonge tip most Basle assUmptons of international iaw__If volence against women were considered by the international legal system to be as hooking as violence ‘against people for their political ideas, women would have considerable support in their struggle, vce By 2 ® c FEM IR Wooming Forensics nsttte2004 7 BewTy LINK ; / ( Cram/Cram Hetwich/ Woodward WOMEN ARE EXCLUDED FROM PEACE AGREEMENTS IN A MUTIPLICITY OF WAYS Chinkin (Protessor of international Law, London School of Economics and Political Science) 2003 ("Gender, Human Rights, and Peace Agreements,” Ol Journal on Dispute Resolution, LEXIS, NKHW) Since the inclusion of women in peace processes has traditionally been very limited- there was only one woman within the negotiating teams at Dayton and none from the conflict zones n14-in reality achieving gender balance means seeking ways of bringing women into the negotiations. Similarly, longstanding failure of those negotiating such agreements to take the separate and distinctive needs of women into account means that gender mainstreaming must be directed towards addressing this deficit Commitment to gender balance and mainstreaming requires us to identify the Obstacles to women's participation in peace talks and to consider the aifference it might make to the process if women were included. Some obstacles can be readily identified, Far fewer women have yielded the uns, and the allocation of power ‘envisaged in peace agreements is liited to thase who have been fighting for it However even when women have fought and been part of the fighting nits, as for ‘example in Eritrea and Colombia, they are made invisible again at this point. Negotiating teams are usually drawn from government, diplomatic or military echelons, Women are largely absent from all these existing national power structures and thus are not considered for inclusion in international negotiations. But the probiern is deener than just under-representation in the political arena at the national level. Worien may be excluded from public life by local custom and tradition. Even where they are riot deliberately excluded, women's activities are not seen as political andior even as directly engaging in public welfare. Stereotyped assumptions about women’s roles means that their activities, including those of survival, coping, and building networks throughout the confict, are simply not perceived by those conducting negotiations as relevant to organization and leadership in the post-conflict Society. Those involved in negotiations may pay lip service to the need by including a broad range of people with knowledge of the Confit, but this does not extend to women who have lived through it. To achieve ‘gender balance, international negotiators must change their biased mindsets and iook holistically and from a critical gender perspective at the skills and expertise available from all sections of the community Logistic and security issues also serve to exclude women. The practice of holding peace negotiations far from the local community, for example those held in Dayton with respect to the war in Bosnia, in Rome for that in Mozambique, in Paris for that in Cambodia, in Rambouillet for that in Kosovo, in Bonn for that i Afghanistan and in Lusaka, Sun City and Pretoria for that in the Democratic Republic of the Congo, makes participation by local people dificult. Where women have been targeted throughout the conflict and where there has been a high incidence of sexual violence, women may have security concerns about attending any negotiations which include representatives of their abusers. Other constraints might include the inabilty to access resources to attend or thei caring commitments, Those responsible for the organization of peace talks should ensure that appropriate women are identified, that visible and suitable security arrangements for women are put in place, and that provision is made for their needs. Why should the picture of childcare arrangements at a peace conference seem so incongruous? Feminist IR orl ofa WOMEN’S HUMAN RIGHTS CONTINUE TO FACE DISCRIMINATION. Tickner, Ph.D., Political Science, M.A., International Relations, Yale University BA,, History, Professor of International Relations, University of Southern California, 2001 (J. Ann, Gendering World Politics: Issues and Approaches in the Post-Cold War Era, Page 114, Columbia University Press.) 4 Despite these impostant advances, wonnss smal to face discrimination. As ong as they are dealt with in special conver anTingitutions quently, be marginaliz instream to ignore them. Women's ‘ores are sill strugalin (Loy wsindsesn huss ata SSHats and the prioritizing of civil and political rights, reinforced by the HiesT agenda, tends to obscure the discriminatory practices faced by ‘women. The Tasttations that deal with worm fi se in the mainstream they ate underfunded and have weaker Tmplementation possiblities. For example, when ratifying CEDAW states have attached more reservations than they have to any other UN conven- tion.* Charlesworth has argued that even CEDAW is based on a male mea- sure of equality since it focuses on women's rights in public life, such as in the formal economy, the law, and education.” Indeed, certain feminists have