{"title":"揭露针对妇女的有害言论--关于在国际刑法中进行对性别问题有敏感认识的事实调查和解释的建议","authors":"Audrey Fino","doi":"10.1163/15718123-bja10191","DOIUrl":null,"url":null,"abstract":"<p>This article identifies how, and to what extent, harmful speech, such as, gender-based incitement and threats against women, are addressed in international criminal law and practice. It delves into the jurisprudence on direct and public incitement to genocide, genocide and persecution, a crime against humanity, to identify trends. Finding that the law overlooks the issue and that the practice only marginally refers to it, the article resorts to international human rights law as an interpretative aid and to fill the gaps. In this regard, inspired by feminist theories, it proposes interpretative methods that can be applied by judges to surface, fairly label and ultimately sanction harmful speech targeted at women. As such, this article contributes to the doctrinal discourse on what gendered crimes are, and what gender-sensitive judging in international courts should look like.</p>","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"60 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Surfacing Harmful Speech Against Women—Proposals for Gender-Sensitive Fact-Finding and Interpretation in International Criminal Law\",\"authors\":\"Audrey Fino\",\"doi\":\"10.1163/15718123-bja10191\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article identifies how, and to what extent, harmful speech, such as, gender-based incitement and threats against women, are addressed in international criminal law and practice. It delves into the jurisprudence on direct and public incitement to genocide, genocide and persecution, a crime against humanity, to identify trends. Finding that the law overlooks the issue and that the practice only marginally refers to it, the article resorts to international human rights law as an interpretative aid and to fill the gaps. In this regard, inspired by feminist theories, it proposes interpretative methods that can be applied by judges to surface, fairly label and ultimately sanction harmful speech targeted at women. As such, this article contributes to the doctrinal discourse on what gendered crimes are, and what gender-sensitive judging in international courts should look like.</p>\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\"60 1\",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2024-06-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10191\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10191","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Surfacing Harmful Speech Against Women—Proposals for Gender-Sensitive Fact-Finding and Interpretation in International Criminal Law
This article identifies how, and to what extent, harmful speech, such as, gender-based incitement and threats against women, are addressed in international criminal law and practice. It delves into the jurisprudence on direct and public incitement to genocide, genocide and persecution, a crime against humanity, to identify trends. Finding that the law overlooks the issue and that the practice only marginally refers to it, the article resorts to international human rights law as an interpretative aid and to fill the gaps. In this regard, inspired by feminist theories, it proposes interpretative methods that can be applied by judges to surface, fairly label and ultimately sanction harmful speech targeted at women. As such, this article contributes to the doctrinal discourse on what gendered crimes are, and what gender-sensitive judging in international courts should look like.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.