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93 B.U. L. Rev. 1085 (2013)
Situating Women in Counterterrorism Discourses: Undulating Masculinities and Luminal Femininities

handle is hein.journals/bulr93 and id is 1111 raw text is: SITUATING WOMEN IN COUNTERTERRORISM DISCOURSES: UNDULATING MASCULINITIES AND LUMINAL FEMININITIES FIONNUALA Ni AOLAIN* INTRODUCTION ................................... ......... 1085 I. TITLES MATTER: THE WOMAN AS COMBATANT OR TERRORIST...... 1089 A. Female Efficiency and Counterinsurgency Restrictions............ 1091 B. Motivations and Mobilization.......... ............... 1095 C. Unlikely Bedfellows: Feminist Theory Converges with Terrorism ........................... ............. 1099 II. POSITIONING COUNTERTERRORISM RESPONSES IN THE CONTEXT OF WOMEN'S ENGAGEMENT IN ETHNO-NATIONAL CONFLICTS........ 1102 III. AT ONCE FEMALE AND TERRORIST OR FEMALE AND COUNTERING TERRORISM. ................................. ........ 1105 IV. EMERGENCY POWERS IN GENERAL AND IN GENDER....... ..... 1111 V. STOP-AND-SEARCH POWERS ........................ ..... 1117 CONCLUSION..................................... .......... 1121 INTRODUCTION The preoccupation with the challenges posed by violent actors has long existed for many states, whether such actors are characterized as terrorists or insurgents, nonstate or paramilitary actors. The events of September 11, 2001, brought a new urgency and vibrancy to state action in the realm of counterterrorism, illustrated by both the response of national legal systems as well as more concerted efforts to achieve multilateral and multilevel counterterrorism reactions on the international plane.' From a feminist perspective, it is notable that terrorism and counterterrorism have long been of marginal interest to mainstream feminist legal theorizing.2 This is partly * Visiting Professor, Harvard Law School; Dorsey & Whitney Chair in Law, University of Minnesota Law School; and Associate Director, Transitional Justice Institute, University of Ulster, Northern Ireland. Parts of this paper draw on my recent essay Close Encounters of the Female Kind in the Law of Counter-Terrorism. Fionnuala Ni Aoldin, Close Encounters of the Female Kind in the Law of Counter-Terrorism, in GENDER, NATIONAL SECURITY AND COUNTER-TERRORISM: HUMAN RIGHTS PERSPECTIVES 230 (Margaret Satterthwaite & Jayne Huckerby eds., 2013). My thanks to Mary Rumsey of the University of Minnesota Law School library for research support on this work, to Feras Sleiman and Emily Hutchinson for research assistance, and to Beaudre Barnes for editing. All remaining faults are my own. See Fionnuala Ni Aoldin, Balancing Human Rights: International Legal Responses to Terrorism in the Wake ofSeptember 11, 33 ISR. Y.B. ON HUM. RTs. 63 (2003). 2 But see Judith Gardam, War, Law, Terror, Nothing New for Women, 32 AUSTL. 1085

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