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Rethinking international law

Since the early twentieth century, feminist peace activists have actively supported the creation of international institutions and the development of international law, convinced of internationalism’s potential to overcome domestic resistance to change not least in the fields of equality and disarmament. Their faith in internationalism has not been in vain although progress has been slow, piecemeal and practice has lagged legal commitments made by states.

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Feminist activists of the early twentieth century embraced internationalism   calling on the government to take the lead in the upcoming Disarmament Conference and to commit to settling disputes through international law, not force.  [banner from the 1926 women’s peace pilgrimage, Women’s library, LSE]. 

Critical feminists have been less sanguine of international law’s ability to deliver change given its colonial origins and gendered state-centric framing.  Nevertheless, they continue to actively engage with international law given its potential to deliver transformative change.

International law has provided feminist activists with a means by which to hold states accountable for their treaty obligations in public forums, including through litigation. 

 

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Public discussion hosted by the UK Parliamentary CND following the release of a legal opinion drawing attention to the breach of the UK’s obligations under the Nuclear Non-Proliferation Treaty. Top right clockwise: Kate Hudson (CND General Secretary); Kirsten Oswald, MP; Professor Christine Chinkin (LSE); and Dr Louise Arimatsu (LSE). 

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Women have been at the forefront of utilising international law to advance disarmament, including nuclear weapons. Image credit: ICAN (CC BY 2.0)

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The adoption of the Arms Trade Treaty in 2013 has enabled activists to challenge governments in the courts and strengthened the ability to garner public support for change  [photo: Alisdare Hickson (CC BY-SA 4.0).

In addition to utilising law as a tool to hold States accountable, feminists continue to take every opportunity to contribute to the progressive development of the law.  This has involved drawing linkages to challenge siloed legal reasoning; critiquing the law’s gendered assumptions; and addressing law’s gaps. Notwithstanding the persistency of marginalsation and exclusion by the mainstream (intended or otherwise) feminist legal experts have successfully contributed to reshaping the trajectory and content of international law. 

 The quest for universal disarmament and of equality – not just gender and sex but on the basis of race, ethnicity, sexual orientation and more – remain unfulfilled.  Yet, among feminist peace activists, the belief that a different world is achievable and needed now more than ever before has grown stronger.

 

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