Doris Buss of Carleton has posted this paper on SSRN: Performing Legal Order: Some Feminist Thoughts on International Criminal Law (August 18, 2011). International Criminal Law Review, Vol. 11, pp. 409-423, 2011. Available at SSRN: http://ssrn.com/abstract=1911920
This article argues that international criminal law, like its domestic counterpart, is a contradictory site for feminist activism. While it offers some important tools for recognising, naming, and giving credence to the realities of women’s lives in times of conflict, international criminal law is also a limited and limiting arena for feminist-inspired social change. My objective in this article is to highlight some of those limitations, not to counsel against continuing feminist activism, but to start a conversation about some of the costs, risks and implications for feminist strategy in continuing to work within the structures of international criminal law.
The Paper is a think piece of about 16 pages and very interesting. One of her approaches is to:
….focus …on the performative aspects of international criminal justice: the ways in which the trial and the act of rendering judgement are moments of high drama in which meanings of order and disorder, legality and criminality, us and them are performed. Some of the strengths and limitations of international criminal law for feminists, I suggest, are most evident in the performative or expressive dimension of international criminal law.