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

Paperback | November 15, 2015

byHilmi M. Zawati

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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 ofgender-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, andwith 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 fairlabelling. 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 thecycle 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 itsapplicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

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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 ofgender-based crimes in the statutory laws of the ...

Hilmi M. Zawati is Chair of the International Centre for Legal Accountability and Justice (ICLAJ), an international criminal law jurist, and human rights advocate. He has been a committed human rights activist over the last three decades, and has actively advocated human rights of wartime rape victims throughout the world ever since th...
Format:PaperbackDimensions:264 pages, 9.02 × 6.1 × 0.51 inPublished:November 15, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199357110

ISBN - 13:9780199357116

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Table of Contents

Justice Teresa Doherty: PrefaceForewordAcknowledgmentsTable of International CasesTable of National CasesTable of International Documents and TreatiesTable of Governmental Legislative ProvisionsTable of UN Security Council ResolutionsAbbreviationsIntroduction: Design and StructurePart One: Fair Labelling and the Codification of Gender-Based Crimes in the Statutory Laws of the International Criminal TribunalsIntroduction1. Fair Labelling as a Common Legal Principle in Criminal Law2. Fair Labelling and other Criminal Law Principles and Concepts3. Fair Labelling and the Codification of Gender-Based Crimes in the Statutory Laws of the International Criminal TribunalsPart Two: Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal TribunalsIntroduction4. Prosecution of Gender-Based Crimes and the Feminist Legal Literature5. The Dilemma of Prosecuting Gender-Based Crimes at the International Criminal TribunalConclusion: Looking to the FutureSelected BibliographyIndex

Editorial Reviews

"Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals presents a thorough analysis of the prosecution of gender based crime at the international courts and tribunals, and offers a framework for reconceptualising, defining and labellinggender based crimes that can aid the reformulation of the tribunal's laws. It will be of great interest to international lawyers, judges and scholars." --Eithne Dowds, Queen's University, Belfast, Journal of Feminist Legal Studies, Vol. 22, Issue 57