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57 results

Page 1 of 3

  • James Crawford and the art of law

  • Hilary Charlesworth
  • Journal:
    Leiden Journal of International Law / Volume 35 / Issue 2 / June 2022
    Published online by Cambridge University Press:
    24 February 2022, pp. 417-420
    Print publication:
    June 2022
    • Article
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  • The Art of International Law

  • Hilary Charlesworth
  • Journal:
    Proceedings of the ASIL Annual Meeting / Volume 116 / 2022
    Published online by Cambridge University Press:
    24 March 2023, pp. 7-24
    Print publication:
    2022

  • International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

  • 8 - An Alien's Review of Women and Armed Conflict

  • from Gender and Armed Conflict
  • Edited by Dale Stephens, University of Adelaide, Paul Babie, University of Adelaide
  • Book:
    Imagining Law
    Published by:
    The University of Adelaide Press
    Published online:
    05 August 2017
    Print publication:
    31 December 2016, pp 171-194

  • Summary

    INTRODUCTION

    Almost twenty years ago, our friend and colleague Judith Gardam offered an original and illuminating perspective on the law of armed conflict. She deployed the persona of an alien — filling in time during an intergalactic storm — for the purposes of reading the laws of armed conflict. Back in the person of a scholar of international humanitarian law (IHL), Judith then engaged in a conversation with the alien, comparing its observations on the texts alone with her understanding of how the law operates in practice. Judith's alien-scholar dialogue allowed her to illustrate the malleability of the legal concept of objectivity and the way that the law constructs particular realities while obscuring others. This striking approach was both playful and disconcerting. It revealed, among other things, the gendered nature of the law of armed conflict and its incorporation of Western images of femininity and masculinity.

    Inspired by Judith's imaginative method, we reflect in this chapter on international developments over the last two decades which address the lives of women in the area of armed conflict. In 1997, when Judith was in dialogue with the alien, the primary relevant legal framework was that of IHL — notably the Hague and Geneva Conventions and Protocols. In the intervening years, the number of international legal lenses has multiplied. Human rights law, international security law and international criminal law now also regulate the situation of women in armed conflict. Moreover, the plight of women in conflict and its aftermath has achieved much greater political prominence. After sketching a range of issues that shape the situation of women in conflict, we focus on two international documents on this topic, adopted in 2013 by different United Nations institutions, and speculate on what Judith's alien might make of them.

    WOMEN AND CONFLICT

    Discussion of women and conflict invokes categories such as ‘conflict’, ‘armed conflict’ and ‘post-conflict’. The difference between these terms is, however, difficult to establish in any particular situation — violence typically seeps from periods of formal conflict into the ‘post-conflict’ phase. The term ‘post-conflict’, in particular, can mislead in the context of women's lives. It suggests a neat transition from a state of conflict to peace and implies that ‘post-conflict’ societies are distinct from other conflict scenarios.

Human Rights and the Universal Periodic Review
  • Rituals and Ritualism
  • Edited by Hilary Charlesworth, Emma Larking
  • Published online:
    05 February 2015
    Print publication:
    22 January 2015
  • The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order to consider its regulatory power and its capacity to influence the behaviour of states. It also highlights the significance of the embodied features of the Review, with its cyclical and intricately managed interactive dialogues. Additionally, it discusses the rituals associated with the Review, examines the tendency of the Review towards hollow ritualism (which undermines its aspiration to address human rights violations comprehensively) and suggests how this ritualism might be overcome.

  • The Crisis and the Quotidian in International Human Rights Law

  • Benjamin Authers, Hilary Charlesworth
  • Journal:
    Netherlands Yearbook of International Law / Volume 44 / December 2012
    Published online by Cambridge University Press:
    12 June 2014, pp. 19-39
    Print publication:
    December 2012

  • This chapter considers the idea that international human rights law is both produced by and dependent upon crisis. Surveying the capaciousness, ambiguity, and constructedness of the concept, we position the relative weight given to particular rights in terms of their framing as ‘crises’. We focus on how the idea of crisis has been differently deployed in the Universal Declaration of Human Rights and in the division between civil and political rights and economic, cultural and social rights to argue for a critical engagement with the language of crisis in human rights law, and to ask how that language has shaped the value and meaning of rights discourse more generally.

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