International Law
Anahita Seifi; Farangis Mansori
Abstract
IntroductionTraditionally, collective conflict and violence are perceived as the domain of men. Women are often perceived as naturally calm due to their roles as mothers and wives, and are believed to be physically and psychologically less capable of committing acts of violence. Actually, they are viewed ...
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IntroductionTraditionally, collective conflict and violence are perceived as the domain of men. Women are often perceived as naturally calm due to their roles as mothers and wives, and are believed to be physically and psychologically less capable of committing acts of violence. Actually, they are viewed as more vulnerable than men and are typically seen as the primary victims of violence. Moreover, the minority status of women in political and military leadership has reinforced the notion that conflict and collective violence are predominantly male domains. As a result, when a female appears as a defendant before the International Criminal Court, she is perceived as an anomaly due to her gender. Gender narratives are used to align the defendant’s behavior with traditional gender norms, portraying the defendant as either female and therefore non-violent, violent and therefore not truly female, or influenced by a violent man. In doing so, these narratives reinforce existing gender stereotypes and suggest that femininity is inherently incompatible with violence. However, contrary to these stereotypes, recent years have seen a more nuanced understanding of the roles women play in conflict and instability. Women have participated in wars, terrorist acts, and other forms of collective violence—as perpetrators of killings and as accomplices to murder. They served as soldiers and trained militia members in conflicts in Rwanda, Cambodia, Sierra Leone, the former Yugoslavia, Iraq, Afghanistan, and Syria, including membership in terrorist groups such as ISIS. They have been involved in committing murders and other crimes. One of the most unexpected roles of female perpetrators is their participation in war-related sexual violence. During the Rwandan genocide, the conflict in Sierra Leone, at Abu Ghraib prison, and in the wars in the former Yugoslavia, women were actively involved in acts of sexual violence. However, the experiences of these women within the criminal justice system, as well as the influence of gender stereotypes on legal proceedings, have not been adequately studied. Yet it is essential to recognize and examine these stereotypes, given their harmful effects. One of the most damaging consequences of gender stereotypes is that they contribute to discrimination between the sexes in the judicial process. The present research tried to address the following questions: Are women less capable of committing collective violence and crimes than men? How do gender stereotypes influence the treatment of female defendants in international criminal courts? To explore these issues, the study examined gender narratives—such as the mother, the wife, the pacifist, and the monster—as they relate to female defendants in international criminal courts. Literature ReviewThe experiences of women within the criminal justice system, as well as the impact of gender stereotypes on legal proceedings, have received limited scholarly attention. Moreover, few studies have conducted in-depth analyses of cases involving female defendants in international criminal courts. Yet the literature provides some relevant studies. For instance, in her research titled “Women Accused of International Crimes: A Trans-Disciplinary Inquiry and Methodology”, Linton (2016) criticized the predominant portrayal of women as victims of international crimes. She argues that this perspective reinforces harmful stereotypes of women as weak, non-autonomous, pacifist, and victimized. Such a view is problematic, especially considering that since the end of World War II, thousands of women have actively participated in serious crimes such as mass murder, torture, sexual violence, and inhumane treatment. Labenski’s Ph.D. thesis titled Female Defendants in International Criminal Law and Beyond (2017) analyzed the legal and cultural contexts surrounding several female defendants in the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Extraordinary Chambers in the Courts of Cambodia. Her work explores the nature of women’s violence in armed conflict beyond traditional gendered meanings. Labenski also challenges assumptions and stereotypes related to racial victimization and sexual vulnerability as they pertain to gender in the context of armed conflict. In “Gender Justice or Gendered Justice? Female Defendants in International Criminal Tribunals,” Hodgson (2017) examined several cases involving female defendants. She concludes that these cases are often interpreted through the lens of gendered assumptions and stereotypes. This form of gendered justice is problematic, as it reinforces patriarchal stereotypes and may undermine broader efforts to achieve gender justice. Materials and MethodsThis research used a descriptive–analytical method, drawing on the analysis of expert opinions, international documents, and a variety of sources. The data was collected through library research, including the work of legal research centers, books, articles, academic theses, and authentic websites. Results and DiscussionFemales also commit crimes and participate in acts of violence. However, this does not mean that women engage in violent acts during armed conflict more frequently than men, or even to the same extent. Rather, while women do commit international crimes, many of these offenses may be overlooked due to the prevailing perception of women primarily as victims of violence and armed conflict. In addition, there is a clear gendered perception and portrayal of female defendants and criminals as insane, abnormal, or devoid of agency. In Mothers, Monsters, Whores: Women’s Violence in Global Politics, Sjoberg and Gentry (2007) analyzed the portrayal of female defendants and criminals through three dominant narratives: the mother, the monster, and the whore. The mother narrative frames women’s violence as stemming from a desire for belonging, a need to nurture, or an expression of care and loyalty to men. The monster narrative strips female offenders of rational behavior or ideological motivation, portraying them as mentally unstable and denying their femininity or even their humanity. Finally, the whore narrative views violence, in its most extreme or vulnerable forms of female sexuality, as stemming from women’s sexual evils.In a similar fashion, Hodgson (2017) identified three narratives: mother narratives, monster narratives, and wife narratives. Concerning the wife narrative, “A defendant’s actions were viewed in the context of her relationship with her husband or partner, with these relationships being used to explain or justify why the defendant had become involved in the conflict or mass violence” (Hodgson, 2017, p. 349). Because it portrays women as being controlled by men, the wife narrative shares similarities with the whore narrative. However, unlike the whore narrative—which emphasizes the defendant’s sexuality and behavior—the wife narrative places greater emphasis on how the defendant’s romantic relationships have shaped her choices (Hodgson, 2017). These narratives and stereotypes are evident in the cases of several accused women in international criminal courts and hybrid courts.In reviewing the cases of female defendants, courts are often influenced by stereotypes and tend to overlook the actual crimes committed by these women. Victims of female perpetrators are further harmed when society and the justice system fail to acknowledge such acts as expressions of agency. This perspective is partly influenced by the reduction of accountability and penalties for female perpetrators in international crimes, and it also reinforces the persistence of strict and violent behavior of women. As a result, the justice system fails both the female defendants and their victims. Overall, stereotypes negatively affect both men and women, though their impact on women is more severe, as these narratives often depict them as weak or inferior. Moreover, such stereotypes undermine women’s recognition as full holders of human rights. ConclusionStudies show that these narratives emphasize the perceived incompatibility of femininity with violence, denying women’s agency in political and military roles as well as in acts of violence. Furthermore, the way accused women present themselves during trials, along with the court’s statements, reveals deeply rooted gender stereotypes within international criminal justice systems. In particular, these gender stereotypes strongly associate women with motherly and peace-loving identities, which diminishes their agency and inevitably influences the orders issued by the courts. The criminal courts’ excessive focus on women primarily as victims of violence reflects a specific view of femininity shaped by gender stereotypes. Regardless of these stereotypes, courts should avoid assuming that women are solely helpless victims during conflicts by recognizing their roles as active participants. Women are equally capable of committing violence and must be held accountable accordingly. With the increasing involvement of women in conflicts and mass violence, it is crucial to treat female defendants in international criminal justice systems as individuals—beyond a gendered perspective. This approach is essential to realize criminal justice. To uphold justice effectively, international criminal courts must evaluate cases of alleged international crimes regardless of gender, race, culture, ethnicity, region, or the scale of conflict.
International Law
Anahita Seifi; Najmeh Razmkhah
Abstract
Artificial intelligence is the science of empowering machines to perform actions similar to human activities. In other words, artificial intelligence is considered a science and a set of computer technologies designed to think, reason and imitate human behavior.Artificial intelligence is considered a ...
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Artificial intelligence is the science of empowering machines to perform actions similar to human activities. In other words, artificial intelligence is considered a science and a set of computer technologies designed to think, reason and imitate human behavior.Artificial intelligence is considered a new technology that has influenced various aspects of human life, from the economy to health and employment.Activists in the field of artificial intelligence always talk about the capabilities of this technology. According to them, the development and expansion of artificial intelligence is a great tool to deal with human problems and dilemmas. For example, the increase in temperature, decrease in biodiversity, deforestation, floods, droughts, air pollution, and garbage accumulation are all among the environmental problems that have plagued humanity, problems that require immediate and effective solutions. For this purpose, resorting to artificial intelligence and its capabilities in environmental care has been proposed as one of the scientific and technical solutions to deal with these environmental challenges.The capabilities of artificial intelligence in agricultural management, measuring the amount of greenhouse gases, managing and monitoring the optimization of energy consumption, recycling waste, and strengthening and optimizing the public transportation system are all among the potential capabilities of artificial intelligence in the protection of the environment.But on the other hand, the process of designing, producing, supplying, and resorting to artificial intelligence has been associated with various challenges such as high energy consumption, extensive use of rare metals, and destruction of mineral resources, as well as increasing waste production and environmental pollution. These problems have caused serious doubts about the capabilities of this technology considering the growing trend to resort to artificial intelligence. This has led to environmental activists raising the question of whether this technology will provide a toolbox for a sustainable future for humans.Concerns regarding the performance of artificial intelligence and the widespread global support for this technology on the other hand prompted the world community to respond to these doubts, by regularizing the processes of research, development, production, and supply of artificial intelligence.One of these attempts is preparing the First Draft of the Recommendation on the Ethics of Artificial Intelligence in September 2020 By the United Nations Educational, Scientific and Cultural Organization (UNESCO).This draft, which was prepared in the form of 8 sections with the efforts of UNESCO international experts, with the aim of creating an international framework in the field of ethical and legal issues related to artificial intelligence systems, is approved at the 41st annual meeting of UNESCO, which was held in November 2021, with the votes of 193 member countries of this organization as the first international document that specifically considers the ethical norms and human rights of artificial intelligence..This document will not be binding but it is significant because it will be the first international document that specifically considers the ethical norms and human rights of artificial intelligence.The drafters of this recommendation talked about four human values which the 1st is respecting, encouraging and ensuring the basic principles of human rights, the second is , protecting the environment, the third is protecting biodiversity and the fourth, is living in peace and reconciliation.This draft demanded all the activists in the field of artificial intelligence to participate in the activities and adhere to principles such as proportionality, safety, fairness, responsibility, and accountability.But when looking at the draft text it seems that in some cases it contains ambiguities and defects, especially environmental discussions.These defects lead to several questions such as: “Has UNESCO's ethical draft been able to address the challenges in the environment sector, to provide effective regulations and solutions?” and “Considering the important and ever-increasing role of private companies active in the production and supply of artificial intelligence systems, have the authors of the draft been able to act successfully regarding attributing responsibility, methods of compensation for environmental damages, and commitment to observe the precautionary principle?” This article aims at working on these subjects, questions, and ambiguities with an analytical-descriptive method.
Anahita Seifi
Abstract
Immigrants are among the most vulnerable to Coronavirus pandemic conditions due to limited access to health care. Therefore, any action by governments must address the needs of vulnerable groups, including migrant women. Increasing the rate of women's migration; raises concerns about safety, health, ...
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Immigrants are among the most vulnerable to Coronavirus pandemic conditions due to limited access to health care. Therefore, any action by governments must address the needs of vulnerable groups, including migrant women. Increasing the rate of women's migration; raises concerns about safety, health, and wellness issues, and makes it inevitable to pay attention to review existing laws and policies. One of the aims of this article is to study the right to health of immigrant women in Coronavirus crisis situations with a descriptive-analytical approach and seeks to answer the main question: what are the harms caused by the corona pandemic in the field of right to health of immigrant women? The results show that there are major challenges to the right to health of migrant women in the coronavirus pandemic. Indifference to the feminization of immigration leads to the lack of relevant policies and awareness in the countries of origin and host, and the protection of the rights, safety, and mental health of immigrant women in a difficult crisis. paying attention to the complexities of gender and immigration in programs and policies reduces the health costs of immigrant women. Cooperation at the international and national levels by emphasizing the Global Compact on Migration and other international instruments, allocating sufficient resources and empowering migrant women by removing barriers and facilitating access to services can be effective and helpful.
