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Sexual and Gender Based Violence in International Law: Making International Institutions Work by Bharat H. Desai and Moumita Mandal. Singapore: Springer Nature, 2022. xvii + 283 pp. Hardcover: €99.99; eBook: €85.59. doi:10.1007/9789811908941

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Sexual and Gender Based Violence in International Law: Making International Institutions Work by Bharat H. Desai and Moumita Mandal. Singapore: Springer Nature, 2022. xvii + 283 pp. Hardcover: €99.99; eBook: €85.59. doi:10.1007/9789811908941

Published online by Cambridge University Press:  23 December 2022

Sakshi TIRTHANI
Affiliation:
Ph.D. Scholar, Centre for International Legal Studies, Jawaharlal Nehru University, New Delhi, India
Tonina TANGTANGA
Affiliation:
Ph.D. Scholar, Centre for Philosophy, Jawaharlal Nehru University, New Delhi, India
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Abstract

Type
Book Review
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of the Asian Society of International Law

The book deals with sexual and gender-based violence (SGBV) as a global challenge, where one in every three women experiences physical or sexual violence in her lifetime. It is spoken in whispers and endured in silence. With a foreword by Peter Maurer, former president of the International Committee of the Red Cross (2012–2022), the book focuses on women and girls as they comprise the majority of SGBV victims-survivors.

This cutting-edge scholarly work covers different forms of SGBV – physical, psychological, sexual and socio-economic violence, and cultural practices. The first chapter includes the introduction and scope of the book. The second chapter addresses SGBV as a global concern and comprises key concepts, causes, and consequences. The authors cite various instances to explain how unequal power relations are responsible for the prevalence of SGBV against women. It is in this context that the role and response of international law in eliminating the scourge of SGBV is analyzed. The third chapter delineates the status of relevant international legal mechanisms that provide protection for women against different forms of SGBV. Accordingly, the authors critically examine the legal instruments in the fields of international human rights law (IHRL), international humanitarian law (IHL), international criminal law (ICL), as well as the law-making processes primarily through the resolutions of the General Assembly, the Security Council, and other subsidiary organs of the UN system. The authors point out the inadequacies and gaps within the current framework of international law and call for a concrete specialized international legal instrument to squarely address the menace of SGBV.

The book underscores the chilling reality of harmful social, cultural, and state normative practices that seek to control female sexuality and form the basis for violence against women. Notably, Chapter 4 examines the key role cultural factors play in this respect and, most importantly, Chapter 5 examines in detail the role and architecture of international institutions (IIs) in addressing SGBV. As the authors note: “IIs discussed in this chapter are cumulatively making best efforts, within the limits of their mandate and the resources, in addressing the issue from the grass root level to the international level.” In the final chapter, the authors provided practical ideas and suggestions to eliminate the global scourge of SGBV.

The contemporary value and significance of the book is further highlighted in the context of the 2018 Nobel Peace Prize that brought to the fore the “use of sexual violence as a weapon of war” in armed conflicts raging around the world. This book is an important scholarly contribution because it suggests ideas, processes, and structures for the elimination SGBV.

This book will be of interest to the decision makers of sovereign states; international organizations; international humanitarian institutions such as the ICRC, Amnesty International, Human Rights Watch as well as the entire justice mechanism system at national and international levels (ICJ, ICC, ad-hoc criminal tribunals etc.); civil society organizations; and scholars. The authors need to be commended for this timely cutting-edge scholarly work for providing legal analysis and solutions for the global challenge of SGBV.

Competing interests

None.