LW938-7-SP-CO:
Critical Perspectives on Peace, Security and Justice
2024/25
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2025
Friday 21 March 2025
15
01 July 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This module provides an in-depth and critical overview of the legal and political frameworks developed at the international level governing international peace and security, paying particular attention to the perspectives and experiences of marginalised groups in negotiating access, securing protection, and obtaining justice.
The aims of this module are:
- To provide students with an in-depth overview of the legal and political frameworks related to international peace and security.
- To enable students to be able to critically assess the capacity of those frameworks to support marginalised groups in negotiating access, securing protection, and obtaining justice.
By the end of this module, students will be expected to be able to:
- Have a good understanding of critical legal and political theory as it relates to international peace and security.
- An understanding of the foundational concepts and principles of ‘Women, Peace and Security’ and ‘Human Security’ particularly as articulated by the UN Security Council and related agencies.
- How to critically analyse the intersectional dimensions of marginalisation relevant to the subject areas covered in the module.
- Form their own opinions as to the extent to which international law adequately addresses the rights and needs of marginalised groups when negotiating access, securing protection, and obtaining justice.
- Develop and express (orally and in writing) complex arguments to substantiate the critical approaches they take to the subject areas explored within the module.
The module highlights the interface between critical legal theory (including feminist, critical race, and post-colonial perspectives), international relations theory and human rights law, and additional legal frameworks relevant to key subject areas which are particularly relevant to international peace and security. These, which may vary from year to year, consist of: displacement, migration and refugee law, peacekeeping, terrorism and counter-terrorism, weapons and disarmament, investigations and commissions of inquiry, prosecutions and reparations.
In the exploration of each of these subject areas, particular emphasis is placed on exploring the specific dimensions of particularly marginalised groups – both in how the subject areas are framed but equally, in understanding the tensions within those framings and the legal and policy responses that have been developed to address them and the gaps that remain.
Indicative Module Outline
- Critical Legal Theory and Notions of Security
- ‘Women, Peace and Security’, ‘Human Security’ and Related International Relations Framings
Students will select 7 out of the 9 topics listed below
- Displacement, Migration and Refugee Law
- Peacekeeping
- Weapons and Disarmament
- Terrorism and Counter-Terrorism
- Reproductive Rights in Conflict and Emergency Settings
- Tackling the needs of marginalised groups in investigations and commissions of inquiry
- Gender framings of international crimes
- International criminal law and “unpopular” causes (navigating prosecutorial discretion)
- Reparations and vulnerable groups
This module will be delivered via:
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
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Thakur, R. (2016)
The United Nations, Peace and Security. Cambridge University Press. Available at:
https://doi.org/10.1017/9781316819104.
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Judith Butler (2016) Frames of War. Verso Books.
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Ní Aoláin, F.
et al. (eds) (2018)
The Oxford handbook of gender and conflict. New York, NY: Oxford University Press. Available at:
https://doi.org/10.1093/oxfordhb/9780199300983.001.0001.
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Davies, S.E. and True, J. (eds) (2019)
The Oxford Handbook of Women, Peace, and Security. Oxford University Press. Available at:
https://doi.org/10.1093/oxfordhb/9780190638276.001.0001.
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Heathcote, G.
et al. (2021)
Law of War and Peace. Bloomsbury Publishing PLC. Available at:
https://doi.org/10.5040/9780755637836?locatt=label:secondary_bloomsburyCollections.
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Johns, F. (2022) ‘Critical International Legal Theory’, in J.L. Dunoff and M.A. Pollack (eds)
International Legal Theory. Cambridge University Press, pp. 133–152. Available at:
https://doi.org/10.1017/9781108551878.006.
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Anghie, A. (2023) ‘Rethinking International Law: A TWAIL Retrospective’,
European Journal of International Law, 34(1), pp. 7–112. Available at:
https://doi.org/10.1093/ejil/chad005.
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Cohn, C. (ed.) (2013) ‘Women and Wars: Towards a Conceptual Framework’, in Women and Wars. John Wiley and Sons Ltd.
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Cockburn, C. (2004) ‘The Continuum of Violence: A Gender Perspective on War and Peace’, in Sites of violence: gender and conflict zones. Berkeley: University of California Press.
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Paris, R. (2014) ‘The “Responsibility to Protect” and the Structural Problems of Preventive Humanitarian Intervention’,
International Peacekeeping, 21(5), pp. 569–603. Available at:
https://doi.org/10.1080/13533312.2014.963322.
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Heathcote, G. (2018) ‘Security Council Resolution 2242 on Women, Peace and Security: Progressive Gains or Dangerous Development?’,
Global Society, 32(4), pp. 374–394. Available at:
https://doi.org/10.1080/13600826.2018.1494140.
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Kapur, R. (2022) ‘"The First Feminist War in all of History”: Epistemic Shifts and Relinquishing the Mission to Rescue the "Other Woman”’,
AJIL Unbound, 116, pp. 270–274. Available at:
https://doi.org/10.1017/aju.2022.45.
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HAGEN, J.J. (2016) ‘Queering women, peace and security’,
International Affairs, 92(2), pp. 313–332. Available at:
https://doi.org/10.1111/1468-2346.12551.
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Bunch, C. (2004) ‘A feminist human rights lens’,
Peace Review, 16(1), pp. 29–34. Available at:
https://doi.org/10.1080/1040265042000210120.
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Refugee Convention, [Article 1(A)(2)] (no date). Available at:
https://www.unhcr.org/uk/3b66c2aa10.
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Costello, C. and Foster, M. (2022) ‘(Some) refugees welcome: When is differentiating between refugees unlawful discrimination?’,
International Journal of Discrimination and the Law, 22(3), pp. 244–280. Available at:
https://doi.org/10.1177/13582291221116476.
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Ahuja, N. (2021) ‘Race, Insecurity, and the Invention of the Climate Migrant’, in
Planetary Specters. University of North Carolina Press, pp. 37–69. Available at:
https://doi.org/10.5149/northcarolina/9781469664477.003.0002.
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de Ruiter, A. (2024) ‘Dehumanization’, in
Dehumanization in the Global Migration Crisis. Oxford University PressOxford, pp. 129–154. Available at:
https://doi.org/10.1093/oso/9780198893400.003.0006.
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‘“General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women”, CEDAW/C/GC/32, 14 November 2014’ (no date). Available at:
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GC/32&Lang=en.
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Avgeri, M. (2021) ‘Assessing Transgender and Gender Nonconforming Asylum Claims: Towards a Transgender Studies Framework for Particular Social Group and Persecution’,
Frontiers in Human Dynamics, 3. Available at:
https://doi.org/10.3389/fhumd.2021.653583.
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UNHCR (2012) ‘Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees’. Available at:
https://www.refworld.org/docid/50348afc2.html.
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Paris, R. (2024) ‘The future of UN peace operations: pragmatism, pluralism or statism?’,
International Affairs, 100(5), pp. 2153–2172. Available at:
https://doi.org/10.1093/ia/iiae182.
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Razack, S. (2004) Dark threats and white knights: the Somalia Affair, peacekeeping, and the new imperialism. Toronto: University of Toronto Press.
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Duncanson, C. (2009) ‘Forces for Good? Narratives of Military Masculinity in Peacekeeping Operations’,
International Feminist Journal of Politics, 11(1), pp. 63–80. Available at:
https://doi.org/10.1080/14616740802567808.
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Hudson, N.F. (2005) ‘En-Gendering UN Peacekeeping Operations’,
International Journal: Canada’s Journal of Global Policy Analysis, 60(3), pp. 785–807. Available at:
https://doi.org/10.1177%2F002070200506000313.
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UN Secretary-General (2017) ‘Special measures for protection from sexual exploitation and abuse: a new approach’. Available at:
https://reliefweb.int/report/world/special-measures-protection-sexual-exploitation-and-abuse-new-approach-report-secretary.
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‘Report of an independent review on sexual exploitation and abuse by international peacekeeping forces in the Central African Republic’ (2016). Available at:
https://digitallibrary.un.org/record/840749?ln=en.
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Scheinin, M. (2009) ‘Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism’. Available at:
https://www2.ohchr.org/english/issues/terrorism/rapporteur/docs/A-64-211.pdf.
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UNSC Counter-Terrorism Committee Executive Directorate (no date) ‘Gender Dimensions of the Response to Returning Foreign Fighters: Research Perspectives’. Available at:
https://www.un.org/securitycouncil/ctc/sites/www.un.org.securitycouncil.ctc/files/files/documents/2021/Jan/feb_2019_cted_trends_report.pdf.
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Otto, D. (2013) ‘Transnational Homo-Assemblages: Reading “Gender” in Counter-Terrorism Discourses’,
Jindal Global Law Review, 4(2), pp. 79–97. Available at:
https://completejusticepodcast.s3.ap-south-1.amazonaws.com/Dianne+Otto+-+Transnational+Homo-Assemblages+-+Reading+’Gender’+in+Counter-terrorism+Discourses.pdf.
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Jasbir K. Puar (2002) ‘Monster, Terrorist, Fag: The War on Terrorism and the Production of Docile Patriots’,
Social Text, 20(3), pp. 117–148. Available at:
https://muse.jhu.edu/article/31948#info_wrap.
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NÍ AOLÁIN, F. (2016) ‘The “war on terror” and extremism: assessing the relevance of the Women, Peace and Security agenda’,
International Affairs, 92(2), pp. 275–291. Available at:
https://doi.org/10.1111/1468-2346.12552.
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Auchter, J. (2012) ‘Gendering Terror’,
International Feminist Journal of Politics, 14(1), pp. 121–139. Available at:
https://doi.org/10.1080/14616742.2011.619780.
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McGinn, T. and Casey, S.E. (2016) ‘Why don’t humanitarian organizations provide safe abortion services?’,
Conflict and Health, 10(1). Available at:
https://doi.org/10.1186/s13031-016-0075-8.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
Coursework / exam |
Description |
Deadline |
Coursework weighting |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Prof Carla Ferstman, email: cf16045@essex.ac.uk.
Professor Carla Ferstman
The Law Eduation Admin Team - pgtlawqueries@essex.ac.uk
Yes
No
Yes
No external examiner information available for this module.
Available via Moodle
No lecture recording information available for this module.
Essex Law School
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