Feminist Judgments: Reimagining the International Criminal Court

Author: Kcasey McLoughlin, Rosemary Grey, Louise Chappell and Suzanne Varrall Series: Feminist Judgment Series: Rewritten Judicial Opinions

Hardcover

This book is the first to apply the feminist judgment method to analyse decisions of the International Criminal Court (ICC).

This book demonstrates what intersectional feminist judging might entail in real International Criminal Court cases. Over sixty contributors from diverse nationalities offer the global international criminal law community relevant and specific examples of how to apply their legal framework in a gender-sensitive way.

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31st July 2025

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Hardcover

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Summary

This book is the first to apply the feminist judgment method to analyse decisions of the International Criminal Court (ICC).

Description

In the past decade, feminist scholars and women's rights activists have used the feminist judgment method to reimagine the relationship between law and gender justice, resulting in rewritten 'feminist' judgments from courts around the world. This groundbreaking book extends this approach and applies it to a wide range of decisions of the International Criminal Court (ICC), the Hague-based court with power to prosecute war crimes, crimes against humanity, genocide and aggression in over 120 countries. With over 60 contributors from the Global North and Global South, including countries where the ICC has been active, this book reflects an international and intersectional feminism. Diverse contributions reveal the gendered implications of crimes (both sexual and non-sexual), command responsibility, defences, complementarity, head of state immunity, sentencing, reparations and more. This title is also available as Open Access on Cambridge Core.

About the Author

Kcasey McLoughlin is a Senior Lecturer in Law at Newcastle Law School at the University of Newcastle. Her research examines the gendered assumptions that pervade legal and political institutions. Her first book Law, Women Judges and the Gender Order: Lessons from the High Court of Australia (2022) was awarded the 2023 Carole Pateman Gender and Politics Book Prize Law and Society Association of Australia and New Zealand 2022 Book Prize. Rosemary Grey is a Senior Lecturer at Sydney Law School, the University of Sydney. Her research focuses on sexual, gender, and reproductive crimes in international law. Her scholarship and amicus curiae briefs have been cited by the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia. Her past works include Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court (2019). Louise Chappell is Scientia Professor at University of New South Wales, undertaking pioneering work on gender justice and institutions. Louise publishes widely on gender in courts, parliaments, and bureaucracies. Her prize-winning books include The Politics of Gender Justice at the International Criminal Court (2015) and Gendering Government (2002). Suzanne Varrall is a Teaching Fellow at the University of New South Wales and an Associate at the Australian Human Rights Institute. She researches and teaches in international human rights law, international humanitarian law, and international criminal law. Suzanne is a qualified lawyer with a background in foreign policy and national security.