Gender and the international judge: Towards a transformative equality approach

Abstract There is a dearth of women judges sitting on international courts and tribunals. This contribution pays attention to the question why judicial gender matters. Demonstrating that sex-based differences play an important part in judging has challenged even most committed essentialists. Legitimacy-based arguments are deemed inadequate so far as they fail address structures power discrimination create exclusions. In this contribution, I argue matters because it both symptom cause highly gendered way which law institutions operate. Drawing Erika Rackley’s early work metaphor used reveal nature role, call forth idea totemic judge whose male rendered invisible unremarked who functions enrobe norms law. The female judge, conversely, disruptive force her very presence places frame. accounts from Feminist Judgments International Law project, concludes approach acknowledges challenges – including contains transformative potential. However, potential must find operate within significant institutional normative constraints.