ABSTRACT

This chapter begins with an introductory discussion on feminism, defining the central concepts and concerns of this body of thought, before honing in on the ways in which these relate to armed conflict. It focuses primarily on women, as gender analysis is relational, and describes the role of masculinity and how it underlies militarism and the war-making endeavour. The chapter examines critiques that feminist scholars have made about IHL, and the principle of distinction specifically, showing what feminist analyses have revealed about the shortcomings and workings of the law. It considers some approaches that have been used to try improving the gendered state of the law, including international criminal law and the Security Council's Women, Peace and Security Agenda, highlighting the successes and shortcomings of these approaches. The chapter illustrates how masculine interests are prioritised by IHL, further entrenching the place of masculinity in the war-making endeavour.