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Beyond the Limits of the Local
Monica E. Eppinger(모니카 에핑어) 이화여자대학교 젠더법학연구소 2013 이화젠더법학 Vol.5 No.2
For much of its twentieth century history, international law has failed those who suffered sexual violence during armed conflict. Neglected by international law, any legal consequences were limited to local jurisdictions whose legal institutions were, not infrequently, impaired under circumstances of war or occupation. The recent emergence of new legal doctrines criminalizing sexual violence during armed conflict under the international law of war is shifting the scope of legal concern and creating a new space for action. In this article, I trace the development of the new sexual violence jurisprudence and consider how communities of fate emerging in response are changing patterns of international norm formation and diffusion. I suggest the term biojuridical citizenship to describe new forms of community, patterns of affiliation, and grounds for future action.