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The chapter interrogates the value of applying the feminist judgment methodology (FJM) to the International Criminal Court (ICC), addressing skepticism about whether such projects are merely wishful thinking. Through the metaphor of fairy tales, McLoughlin examines tensions between feminist legal theory and judicial practice, arguing that feminist judgments are not simply acts of imagination but demonstrate real possibilities within existing legal frameworks. McLoughlin makes two key arguments for extending the FJM to the ICC. First, the ICC’s poor record on gender justice, including limited convictions for sexual and gender-based crimes, makes it an important site for feminist intervention. Second, the Rome Statute’s unrealised promise of gender justice - including provisions for gender expertise and representation - provides a firm foundation for feminist judicial approaches. The chapter concludes that feminist judgment writing serves to legitimise gender-sensitive approaches to international criminal law while acknowledging law’s limitations and demonstrates how the ICC’s commitment to gender justice could be meaningfully realised through feminist judicial practice.
The chapter synthesises key findings from the collection of feminist reimaginings of International Criminal Court (ICC) judgments. The editors Louise Chappell, Suzanne Varrall, Kcasey McLoughlin and Rosemary Grey first examine methodological lessons from feminist judgment writing, highlighting three key themes: the critical role of contextualisation in understanding gendered dimensions of atrocity crimes; the necessity of intersectional analysis in capturing how multiple forms of discrimination intersect; and the significance of temporality in judicial decision-making.
The chapter analyses opportunities and barriers for advancing gender justice at the ICC, examining both internal factors (like judicial diversity and training) and external pressures (including geopolitics and evolving conflict dynamics). While some contributors to the book argue the ICC’s structural limitations make it incapable of delivering gender justice, others contend meaningful progress is possible through better implementation of existing provisions rather than statutory reform. The chapter concludes that despite significant challenges, the ICC remains an important, if imperfect, vehicle for advancing gender justice in international criminal law.
The chapter introduces the first collection of feminist judgments analysing decisions of the International Criminal Court (ICC). The editors outline how the book draws on the established feminist judgment methodology and extends it to international criminal law to present a range of re-written decisions from nine ICC situations. The chapter outlines the book’s three-part structure: conceptual foundations, re-written judgments with accompanying reflections, and concluding analysis. It details the editorial decisions regarding situation selection, contributor diversity, and methodological adaptations for the international context. It also describes how the book goes beyond traditional legal analysis by incorporating poetry and photography to transcend the limitations of judicial discourse. The chapter concludes that the feminist judgment method reveals significant opportunities for enhancing gender justice at the ICC, while acknowledging the Court’s political constraints. It argues that judges could deliver more gender-sensitive decisions within the existing Rome Statute framework, thereby contributing to both international criminal law scholarship and feminist legal methodology.
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