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from Part I - Subjectivity and Sociality in Contemporary International Criminal Law
Published online by Cambridge University Press: 08 December 2022
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.
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