Download or read book Fair Labelling and the Dilemma of Prosecuting Gender Based Crimes at the International Criminal Tribunals written by Hilmi M. Zawati and published by Oxford University Press. This book was released on 2015-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, and with fair labelling as a legal principle and a theoretical framework. 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, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
Download or read book Fair Labelling and the Dilemma of Prosecuting Gender based Crimes at the International Criminal Tribunals written by Ḥilmī M. Zawātī and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Front Matter and Tables for written by Hilmi Zawati and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, and with fair labelling as a legal principle and a theoretical framework. 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, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
Download or read book Symbolic Judgments Or Judging Symbols written by Hilmi Zawati and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis argues that the abstractness and lack of accurate description and labelling 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 such crimes. Accordingly, this inquiry deals with gender-based crimes as a case study and with fair labelling as a legal principle and a theoretical framework. This topic is both critical and timely, and contributes to the existing scholarship in many different ways. This study 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 with reference to the principle of fair labelling. Moreover, this inquiry emphasises that applying the principle of fair labelling to wartime gender-based crimes would help the tribunals in delivering fair judgements and breaking the cycle of impunity for these crimes. Finally, this thesis presents a modest model of coherent legal analysis for reconceptualising, defining, and labelling gender-based crimes that would assist the tribunals in their efforts to reformulate and amend their basic laws, a substantial step towards effectively identifying and prosecuting gender-based crimes. This analysis consists of four interrelated chapters, including an introduction and a conclusion. The introductory chapter begins by outlining the central focus and theoretical legal framework that guides my investigation and analysis of the dilemma of prosecuting gender-based crimes in the ad hoc international criminal tribunals and the ICC. As well, it discusses fair labelling, which has become a recognized legal principle in criminal law over the past three decades. Furthermore, this chapter provides justifications for the inquiry by elucidating why an analysis of the failure of the international criminal tribunals to adequately prosecute gender-based crimes in the light of the principle of fair labelling is of critical importance. Chapter two concentrates on fair labelling as a common legal principle and a legal framework that guides my work. After examining the intellectual development of the principle of fair labelling, elucidating its scope and justification, and illustrating its applicability to gender-based crimes, this chapter analyzes its relation to other criminal law principles and concepts, including nullum crimen sine lege; mens rea; proportionality; multiple wrongdoing; the moral or socio-pedagogical influence of punishment; and the doctrine of joint criminal enterprise (JCE). It also looks into the landscape of international gender justice and examines the codification of gender-based crimes as crimes against humanity and war crimes under the statutory laws of the international criminal tribunals and in light of the principle of fair labelling. Chapter three addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals. It starts by scrutinizing feminist legal literature and tracing its controversial arguments relating to the prosecution of gender-based crimes in these supranational judicial bodies. Then it moves on to examine the case law of the international criminal tribunals and to analyse, in the light of the principle of fair labelling, their shortcomings related to major cases of gender-based crimes. In this connection, it discusses violations of other principles and concepts, particularly the offender's right to fair warning or maximum certainty, the right to fair trial without due delay, and the right to fair sentencing. Finally, after summarising the main findings of this inquiry, chapter four concludes by confirming that the lack of accurate description and labelling of gender-based crimes in the statutory laws of the international criminal tribunals and courts violate the principle of fair labelling, lead to inconsistent verdicts and punishments, and inadequate prosecution of such crimes. Moreover, it underlines the options for reform within the statutory laws of these judicial bodies in the light of the principle of fair labelling. This reform would help the tribunals and the ICC to eliminate inconsistent prosecutions and overcome shortcomings in addressing gender-based crimes within their jurisprudence.
Download or read book Symbolic Judgments Or Judging Symbols written by Hilmi Mohammad Ahmad Zawati and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Feminist Engagement with International Criminal Law written by Eithne Dowds and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
Download or read book Wartime Sexual Violence at the International Level A Legal Perspective written by Caterina E. Arrabal Ward and published by BRILL. This book was released on 2018-07-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.
Download or read book Sex and International Tribunals written by Chiseche Salome Mibenge and published by University of Pennsylvania Press. This book was released on 2013-07-26 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before the twenty-first century, there was little legal precedent for the prosecution of sexual violence as a war crime. Now, international tribunals have the potential to help make sense of political violence against both men and women; they have the power to uphold victims' claims and to convict the leaders and choreographers of systematic atrocity. However, by privileging certain accounts of violence over others, tribunals more often confirm outmoded gender norms, consigning women to permanent rape victim status. In Sex and International Tribunals, Chiseche Salome Mibenge identifies the cultural assumptions behind the legal profession's claims to impartiality and universality. Focusing on the postwar tribunals in Rwanda and Sierra Leone, Mibenge mines the transcripts of local and supranational criminal trials and truth and reconciliation commissions in order to identify and closely examine legal definitions of forced marriage, sexual enslavement, and the conscription of children that overlook the gendered experiences of armed conflict beyond the mass rape of women and girls. In many cases, a single rape conviction constitutes sufficient proof that gender-based violence has been mainstreamed into the prosecution of war crimes. Drawing on anthropological research in African conflicts, and feminist theory, Mibenge challenges legal narratives that reinscribe essentialized notions of gender in the conduct and resolution of violent conflict and uncovers the suppressed testimonies of men and women who are unwilling or unable to recite the legal scripts that would elevate them to the status of victimhood recognized by an international and humanitarian audience. At a moment when international intervention in conflicts is increasingly an option, Sex and International Tribunals points the way to a more nuanced and just response from courts.
Download or read book Mainstreaming Gender written by Jessica Maryanne Zaccagnino and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women's Caucus for Gender Justice, a facet of the transnational women's network, and their quest to mainstream sexual and gender based violence into law at the International Criminal Court. Timing was essential to the Women's Caucus for Gender Justice's formation before the Rome Conference. At the same time as the human rights wave characterized by Hoffmann emerged, a furor for anti-impunity prosecutions engulfed the focus of the international community. These two phenomena came together at a time in which organizing at the United Nations over gender issues was about to reach a fever pitch. The thirst for anti-impunity sparked a renewed interest in international criminal tribunals, resulting in the ad hoc tribunals and the International Criminal Court forming throughout the 1990s. This project argues that the confluence of these aforementioned events provided the Women's Caucus for Gender Justice with a fortuitous opportunity to ride the human rights wave and institutionalize gender in a way that other activists would not be able to accomplish in contemporary times.
Download or read book Thematic Prosecution of International Sex Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-06-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Download or read book Feminist Judgments Reimagining the International Criminal Court written by Kcasey McLoughlin and published by Cambridge University Press. This book was released on 2024-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, feminist scholars and women's rights activists have used the feminist judgment method to reimagine the relationship between law and gender justice, resulting in rewritten 'feminist' judgments from courts around the world. This groundbreaking book extends this approach and applies it to a wide range of decisions of the International Criminal Court (ICC), the Hague-based court with power to prosecute war crimes, crimes against humanity, genocide and aggression in over 120 countries. With over 60 contributors from the Global North and Global South, including countries where the ICC has been active, this book reflects an international and intersectional feminism. Diverse contributions reveal the gendered implications of crimes (both sexual and non-sexual), command responsibility, defences, complementarity, head of state immunity, sentencing, reparations and more. This title is also available as Open Access on Cambridge Core.
Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Download or read book The Rome Statute of the ICC at Its Twentieth Anniversary written by Pavel Šturma and published by BRILL. This book was released on 2019-01-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.
Download or read book The African Court of Justice and Human and Peoples Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
