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Author: Hilmi M. Zawati Publisher: Oxford University Press ISBN: 0199357110 Category : Law Languages : en Pages : 273
Book Description
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.
Author: Hilmi M. Zawati Publisher: Oxford University Press ISBN: 0199357110 Category : Law Languages : en Pages : 273
Book Description
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.
Author: Hilmi Zawati Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
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.
Author: Hilmi Zawati Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
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.
Author: Serge Brammertz Publisher: Oxford University Press ISBN: 0198768567 Category : History Languages : en Pages : 545
Book Description
Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.
Author: Carsten Stahn Publisher: Oxford University Press, USA ISBN: 0198705166 Category : Law Languages : en Pages : 1441
Book Description
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.
Author: Publisher: OUP Oxford ISBN: 0191553441 Category : Law Languages : en Pages : 1093
Book Description
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
Author: Eithne Dowds Publisher: Bloomsbury Publishing ISBN: 1509921907 Category : Law Languages : en Pages : 237
Book Description
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.
Author: Margaret M. deGuzman Publisher: Oxford University Press, USA ISBN: 0198786158 Category : Law Languages : en Pages : 241
Book Description
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Author: Hilmi M. Zawati
Author: Hilmi M. Zawati
Author: Hilmi Zawati
Author: Hilmi Zawati
Author: Ḥilmī M. Zawātī
Author: Hilmi Mohammad Ahmad Zawati
Author: Serge Brammertz
Author: Carsten Stahn
Author: 
Author: Eithne Dowds
Author: Margaret M. deGuzman