Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-22T15:55:01.052Z Has data issue: false hasContentIssue false

3 - The International Legal Subject

from Part I - Subjectivity and Sociality in Contemporary International Criminal Law

Published online by Cambridge University Press:  08 December 2022

Kirsten Campbell
Kirsten Campbell
Affiliation:
University of London
Get access

Summary

This chapter examines the second fundamental category of international criminal law, the international legal subject. This legal category constructs individuals as legal subjects who possess rights and duties at the international level. Taking gender as a relevant category of victimisation and perpetration, the chapter examines how sexual violence jurisprudence reveals the construction of the legal subject and relations in international criminal law. Reinscribing sexual violence as a gender-based crime makes visible how international criminal law constructs persons as legal subjects and attributes to them specific legal relationships of rights and duties to other persons. The chapter analyses how international criminal law attributes actions, rights, and responsibilities to individuals and collectives as victims and perpetrators of international crimes of sexual violence and constructs the person and society in the international legal order. It shows how these models of legal subjects continually oscillate between person and group, and individual and collective legal subjects, and reveals the problematic conceptualisation of the subject itself.

Keywords

International legal subjectinternational criminal lawindividual and collective subjectsstateindividual and collective violencesexual violencevictimsperpetratorsICTYcriminal responsibility
Type
Chapter
Information
The Justice of Humans
Subject, Society and Sexual Violence in International Criminal Justice
 , pp. 65 - 95
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×