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

Edited by: Hilmi M. Zawatai

ISBN13: 9780199357109
Published: January 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9780199357116



Despatched in 5 to 7 days.

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.

Subjects:
International Criminal Law
Contents:
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