The Crime of Aggression and Humanitarian Intervention on Behalf of Women

In this article, the author considers the possibility of over-deterrence of humanitarian interventions in defense of women as a potential consequence of adding the "crime of aggression" to the Rome Statute. The ambiguities in the definition of crimes of aggression potentially encompass all uses of force, including those that are protective in nature. Proposals for incorporating an exception for bona fide humanitarian interventions into the Rome Statute were not fully explored when the provision was drafted. Women's exclusion from discussions on the use of force makes a feminist framework on this issue difficult. Under the current provision, allegedly unlawful but legitimate uses of force can be assessed with reference to character, gravity, and scale. Finally, the author discusses the positive and negative effects of humanitarian intervention on women's interests and present challenges from feminist theory in supporting intervention.