Using Peru as an example, this chapter explores gender-based violence in conflict and transitional justice processes through a lens of decolonial feminism. Beginning with an analysis of colonialism and gender, it provides conceptual and historical context on the complex social relations between race, class, and gender. The chapter then turns to an exploration of community perspectives on sexual violence during the Peruvian internal armed conflict (1980–2000), explained through the metaphor of el patrón. By linking colonial and modern experiences of violence, the chapter illustrates the historical continuity of gender-based violence and challenges assumptions about the nature of victimhood and the benevolence of the state. The chapter examines the complex nature of victimhood in this context and the multipurpose use of sexual violence by the military, suggesting that a decolonial feminist approach is necessary to establish accountable legal systems and effective transitional justice processes.
This chapter explores the contributions of feminist jurisprudence to feminist theory, highlighting several strands of legal analysis that productively challenge feminists more generally to think beyond settled boundaries. The 1980s are remembered as the heyday of feminist jurisprudence in the United States, an impression that rightly acknowledges the vigorous and generative nature of debate in this period but that risks overlooking the significance of more recent developments in feminist legal theory. Focusing on the ideas of intersectionality, gender and sexuality, and masculinities, the chapter demonstrates new directions in feminist legal theory that have emerged in the wake of the sameness/difference debates.
This chapter provides a brief overview of the concept of governance, comparing Foucauldian, mainstream, and feminist approaches. It compares central tenets of governmentality and governance, and presents feminist critiques of both. To demonstrate feminist contributions to debates on governance, it analyzes neoliberal imperatives in new governance regimes, gendered dimensions of governance and governmentality neglected by mainstream approaches, and feminist engagement with governance through civil society and NGOization. It demonstrates that while the concept of governance offers new perspectives on the state and the operation of power in an era of neoliberal globalization, the neoliberal reconfiguration of the state and the devolution of responsibilities to the market and civil society pose new challenges for feminists in dealing with far-reaching changes in governmentality and governance.
Patricia Viseur Sellers
The chapter reviews gender jurisprudence in international humanitarian law and international criminal law, and urges a reconsideration of this jurisprudence. It examines aspects of the crime of genocide to illustrate the “narrow” strand of gender jurisprudence focused on sexual violence, as well as a more “panoramic” view that has emerged in recent years. The chapter concludes by moving beyond the binary of the narrow and panoramic views of gender jurisprudence. It argues that gender jurisprudence acts as an independent measure of genocide, war crimes, and crimes against humanity. Such a comprehensive reading of gender jurisprudence provides an analytical tool for practitioners to reconceptualize redress under international criminal law.