On 6th October 2023, the Max Planck Institute for Comparative Public Law and International Law (MPIL) and the Federal Foreign Office (AA) held their eighth joint workshop. The workshop was organised by the Berlin office of the MPIL in cooperation with the AA’s International Law Division, and curated by Alexandra Kemmerer. At the Magnus-Haus on Kupfergraben, a group of 36 scholars and practitioners (with participation from the Federal Ministry of Justice, the Federal Ministry of the Interior, the Federal Ministry of Defence, and the Federal Ministry for Economic Cooperation and Development) convened. The session, chaired by Christian Marxsen and Tania von Uslar, Legal Adviser to the Federal Government and Director-General for Legal Affairs in the Federal Foreign Office, centred on crafting a feminist foreign policy with international law as its cornerstone.
The Federal Foreign Office presented its guidelines for shaping a feminist foreign policy (FFP) in March of 2023. Under these guidelines gender equality and the promotion of women's rights are prioritised in international relations. Feminist foreign policy aims to promote the empowerment of women and other marginalized groups. Gender analysis and women's rights are integrated into all aspects of a country's foreign policy, from diplomacy and trade to development and security. This serves as a strategic framework for strengthening the rights and well-being of women and girls worldwide, with key goals in the areas of rights, representation, and resources.
After a joint lunch buffet (hosted by the Heidelberger Gesellschaft für ausländisches Recht und Völkerrecht e. V.) Anne Peters opened the discussion with an introduction to the topic. A feminist analysis of international law shows that many legal norms are based on assumptions that ignore gender issues. The result of this is that both women and marginalised groups are disadvantaged and overlooked. Women are particularly vulnerable in situations of political crisis and armed conflict. Gender-based violence has historically been overlooked in international legal discourse due to a focus on a male perspective within the international human rights regime. Feminist approaches to international law seek to identify and address these blind spots to challenge norms and develop international law that promotes gender equality. Key concepts in this effort include intersectionality and interdisciplinarity. Anne Peters explained that there are two levels at which possible fields of action in foreign policy can be found: the committee and the substantive level. At the committee level, the focus is to promote equal representation of women, particularly in international institutions and courts. To ensure diverse and representative international decision-making, it is necessary to increase the participation of women from the Global South.
Wiebke Rückert (AA) and the discussion moderated by Eva-Marie König (AA) provided practical insights were. Janne Mende discussed ways of dealing with human rights backlashes, pushback, and accusations of Western imperialism in international law. The Federal Foreign Office's guidelines aim to continuously increase the representation of women. However, women currently hold only 27% of senior positions in foreign missions. Additionally, it is necessary to identify and close gaps in international agreements at the substantive level. Women should have equal access to various resources, including financial, human, natural resources, as well as education and networks. The lack of access to resources is a significant cause of poverty and marginalization. To address this issue, the Federal Foreign Office plans to introduce gender budgeting, which takes gender-specific impacts into account in all areas. The aim is that by 2025 allocation of a sizeable proportion of the Federal Foreign Office's project funds will take gender into account.
Jannika Jahn began the second part of the workshop with a presentation on the most important human rights instruments for women and girls under international law. She focused on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has been ratified by 189 states. Jahn presented points of reference for the diversity dimension of the FFP. The discussion revolved around gaps in implementation, the need for new conventions, and the consideration of the needs of marginalised groups in defining peace and security. Carolyn Moser highlighted the differential impact of conflict on women and girls and the importance of gender-sensitive approaches in defence policy. She also stressed the importance of including women in negotiations during wars and in time of transition. Moritz Vinken discussed the possibility of integrating binding international law instruments into different areas of multilateral action, particularly in the field of climate. He further explored links between 'climate mainstreaming' and 'gender mainstreaming'.
In their concluding remarks, Christian Marxsen and Wiebke Rückert emphasized the importance of integrating feminist perspectives into international law to promote a more inclusive foreign policy.
Report: Chiara Rimkus
