Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Challenges of feminism approach in international law system with emphasis on formalism and fuzzy logic

Document Type : Original Article

Authors
Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran
10.22034/jccj.2024.440782.1477
Abstract
The participation of feminism in the space of international law is facing many challenges and gaps; These challenges are raised in both theoretical and practical areas of governments. The purpose of this research is to analyze the challenges of feminism approach in the international criminal law system with emphasis on legal formalism and fuzzy logic. This research is of a theoretical type and its method is descriptive and analytical and the data collection tool is library. The findings of the current research show that the dispersion in international documents and procedures does not indicate that disorder prevails over the process of developments regarding women's rights and the effects of the feminism approach; Rather, the reason for this dispersion is the domination of the atmosphere of post-modernism on the relations of subjects of international criminal law. Although the focus of international standardization is to advance the interests of governments, companies, and other actors, and on the other hand, each government considers the other government to be responsible for ensuring fundamental improvements in the protection of women's human rights; However, international law is neither conceptually nor procedurally gendered, and most of its provisions do not show any gender bias.
Keywords

Volume 6, Issue 1
Winter 2026

  • Receive Date 30 January 2024
  • Accept Date 15 February 2024
  • Publish Date 21 March 2026