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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

  • 作者:
  • 出版商: Oxford University Press USA
  • ISBN: 9780199357116
  • 出版时间 November 2015
  • 规格: Paperback , 262 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • The first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling
    • Provides a clear legal argument, theoretical structure, and carefully articulated points about the principle of fair labelling and its significance
    • Discusses the concept of proportionality between crime and punishment to enable judicial bodies to deliver consistent verdicts and punishments
    • Contains an extensive selected bibliography to help the reader easily refer to the fundamental sources of arguments, and to foster further research

    This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. 

    Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. 

    Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

     

    Readership: Law schools teaching international criminal law; International criminal tribunals and courts

  • Preface by Justice Teresa Doherty
    Foreword
    Acknowledgments
    Table of International Cases
    Table of National Cases
    Table of International Documents and Treaties
    Table of Governmental Legislations and documents
    Table of UN Security Council's Resolutions
    Abbreviations
    Introduction: Design and Structure
    Part One: Fair Labelling and the Codification of Gender-Based
    Crimes in the Statutory Laws of the
    International Criminal Tribunals
    Introduction
    Chapter One: Fair Labelling as a Common Legal Principle in Criminal Law
    Chapter Two: Fair Labelling and other Criminal Law Principles and Concepts
    Chapter Three: Fair Labelling and the Codification of Gender-Based Crimes in the Statutory Laws of the International Criminal Tribunals
    Part Two: Fair Labelling and the Dilemma of Prosecuting Gender-Based
    Crimes at the International Criminal Tribunals
    Introduction
    Chapter Four: Prosecution of Gender-Based Crimes and Feminist Legal Literature
    Chapter Five: The Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals
    Conclusion: Looking to the Future
    Appendices: Crimes under the Statutory Laws of the
    International Criminal Tribunals
    I. Statute of the International Criminal Tribunal for the Former Yugoslavia
    II. Statute of the International Criminal Tribunal for Rwanda
    III. Rome Statute of the International Criminal Court
    IV. Regulation No. 2000/15 on the Establishment of Panels in East Timor with Exclusive Jurisdiction over Serious Criminal Offences
    V. Statute of the Special Court for Sierra Leone
    VI. Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea
    Selected Bibliography
    Index

  • Hilmi M. Zawati is President of the International Legal Advocacy Forum (ILAF), an international criminal law jurist, and human rights advocate. Over the past three decades, and ever since the first reports of war crimes during the Yugoslav dissolution war of 1992-1995 Dr. Zawati has been a committed human rights activist, and has actively advocated human rights of wartime rape victims throughout the world. A prominent speaker and author on a number of hotly debated legal issues, Dr. Zawati has addressed major academic and professional groups in the Middle East, Africa, Europe, the United States, and Canada. His present primary research and teaching areas are: public international law; international criminal law; international humanitarian and human rights law; international gender justice system; international environmental law of armed conflict; social diversity and the law; judicial mechanisms under universal jurisdiction; and Islamic law of nations (siyar). He is the author of severa

    prize-winning books on international humanitarian and human rights law, including his most recent book: The Triumph of Ethnic Hatred and the Failure of International Political Will: Gendered Violence and Genocide in the Former Yugoslavia and Rwanda (2010).

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