ABSTRACT

This chapter shows the link between the failure of the concept of the human being in Western philosophical thought to encompass women and the male-based features of the human on which international human rights and humanitarian law is based. It seeks to show how women need to be fully included not only in the concept of the human but also in the human of international human rights and international humanitarian law. The chapter examines the theory behind the external structures of international human rights and humanitarian law; feminist critiques of these, and then how these frameworks can be used to lead to global improvements. Legal globalism finds its philosophical basis in the idea of law which is applicable globally and to everyone. It implies an idea of international law that bases the international legal community on two beliefs: the moral quality of human beings and the moral unity of humankind.