Document Type : Research Paper

Authors

• Anahita Seifi ¹
• farangiz mansori ²

¹ Assistant Professor, International Law, Allameh Tabatabaei University, Tehran, Iran

² Assistant Professor, Department of Law and Social Sciences, Payam Noor University, Tehran, Iran

Abstract

Many studies have been done on the vulnerability of women in conflict and collective violence. However, there is relatively less discussion of women's experiences as defendants and perpetrators of mass violence and conflicts in international criminal courts. By looking at the case of some female defendants in international criminal courts, this article investigates the formation of legal discourses in the form of stereotypes of femininity, conflict and mass violence.This raises questions; Why, in the procedure of the criminal courts, a large number of male perpetrators and few female perpetrators have been convicted. Are women less capable of committing mass violence and crimes than men? Why are female perpetrators punished less than male perpetrators for committing similar crimes? In this regard, this article examines gender narratives such as mother, wife, monster, etc, which are used in relation to female defendants in international criminal courts. And It shows that these narratives highlight the incompatibility of femininity with violence and reject the agency of women in political and military contexts and committing violence.

Keywords

• female defendants
• gender perspective
• gender narratives
• criminal justice
• international criminal courts

Main Subjects

• International Law