1.

Record Nr.

UNINA9910791142103321

Autore

Zawātī Ḥilmī

Titolo

Fair labelling and the dilemma of prosecuting gender-based crimes at the international criminal tribunals / / Hilmi M. Zawati ; preface by Justice Teresa A. Doherty, CBE

Pubbl/distr/stampa

Oxford, England ; ; New York : , : Oxford University Press, , 2014

©2014

ISBN

0-19-935711-0

0-19-025983-3

0-19-935712-9

Descrizione fisica

1 online resource (273 p.)

Disciplina

345/.02532

Soggetti

Rape as a weapon of war

International criminal courts

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals; Copyright; Dedication; Contents; Preface by Justice Teresa Doherty; Foreword; Acknowledgements; Table of International Cases; Table of National Cases; Table of International Documents and Treaties; Table of Governmental Legislative Provisions; Table of UN Security Council Resolutions; Abbreviations; Introduction: Design and Structure; 1. Prelude; 2. Central Argument and Theoretical Framework; 3. Justification and Contribution to Scholarship; 4. Historical Overview

5. Structure and ScopePART ONE | FAIR LABELLING AND THE CODIFICATION OF GENDER-BASED CRIMES IN THE STATUTORY LAWS OF THE INTERNATIONAL CRIMINAL TRIBUNALS; Introduction; I. Fair Labelling as a Common Legal Principle in Criminal Law; 1. Intellectual Development; 2. Scope and Justification; (A) Securing Consistent Prosecutions and Verdicts; (B) Assuring Justice for Defendants and Victims; (C) Socio-Juridical Function of Offence Labelling; (i) Communicating an Appropriate Message to the Defendant; (ii) Conveying Educative and Deterrent Information to the Public


(iii) Communication to the Criminal Justice System3. Applicability to International Criminal Law; (A) Functional Definition of an Offence Is Important to the Rule of Law; (B) Fair Labelling Is Essential to Criminal Law; 4. Concerns and Theoretical Challenges; Concluding Remarks; II. Fair Labelling and Other Criminal Law Principles and Concepts; 1. The Principle of Nullum Crimen Sine Lege; 2. The Concept of Multiple Wrongdoing; 3. The Principle of Mens Rea; 4. The Principle of Proportionality; 5. The Concept of the Socio-Pedagogical Influence of Punishment

6. The Doctrine of Joint Criminal EnterpriseConcluding Remarks; III. Fair Labelling and the Codifi cation of Gender-Based Crimes in the Statutory Laws of the International Criminal Tribunals; 1. The Lack of an Acceptable Definition; 2. Clash of Definitions and the Tribunals' Case Law; 3. Codification of Gender-Based Crimes and the Principle of Fair Labelling; Concluding Remarks; Conclusion; PART TWO | FAIR LABELLING AND THE DILEMMA OF PROSECUTING GENDER-BASED CRIMES AT THE INTERNATIONAL CRIMINAL TRIBUNALS; Introduction; IV. Prosecution of Gender-Based Crimes and the Feminist Legal Literature

1. Surfacing Gender-Based Crimes in the International Criminal Justice System2. Genocidal Rape vs. Rape as a Crime against Humanity: A Feminist Debate; Concluding Remarks; V. The Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals; 1. Abstractness and Ambiguity: Tangible Challenges; 2. Initial Failure to Recognize and Prosecute Gender-Based Crimes; 3. The 'Least Condemned Crimes': Inconsistent Prosecutions and Inadequate Convictions; (A) Ambiguity and the Lack of Prosecutions' Political Will: The Road to Rape Acquittals

(B) Broad Definitions and Un-Specificity of Gender-Based Crimes: Barriers to Justice

Sommario/riassunto

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 labe