Conference Contribution Details
Mandatory Fields
Yahyaoui Krivenko, E.
Annual Conference of the European Society of International Law, workshop of the Feminism and International Law Interest Group
Exploring ICJ’s (Dis)engagement with Feminism: Separate and Dissenting Opinions as an Indicator
Oslo, Norway
Conference Paper
Optional Fields
Discussing ICJ’s engagement with feminist theories appears as not a very rewarding task. Basically, it would seem that the ICJ is still quite impervious to developments in feminist legal theories. The proposed communication does not challenge this overall statement. It endeavors to explore the absence of engagement between the ICJ and feminist theories through the lens of dissenting and separate opinions. Separate and dissenting opinions represent a space within which individual judges have an opportunity to express less conventional views and positions. Therefore, the influence of feminist theories is more perceptible within this space. While no judge has ever openly claimed adherence to feminist views, some positions adopted can easily be identified as methodological approaches developed and advocated within feminist theories. An exploration of these unstated expressions of feminist theories within separate and dissenting opinion is a useful tool for uncovering reasons for ICJ’s resistance to feminist theorizing. Once these reasons are understood, it will be possible to suggest what type of changes might be required for a more active and fruitful exchange between the ICJ and feminist theories. 
Publication Themes