Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals

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

Author : Hilmi M. Zawati
Publisher : Oxford University Press
ISBN 13 : 0199357110
Total Pages : 273 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by : Hilmi M. Zawati

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.

Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court

Author : Rosemary Grey
Publisher : Cambridge University Press
ISBN 13 : 1108470432
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court by : Rosemary Grey

Download or read book Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court written by Rosemary Grey and published by Cambridge University Press. This book was released on 2019-04-11 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.

International Criminal Law and Sexual Violence against Women

Author : Daniela Nadj
Publisher : Routledge
ISBN 13 : 1317228189
Total Pages : 280 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Criminal Law and Sexual Violence against Women by : Daniela Nadj

Download or read book International Criminal Law and Sexual Violence against Women written by Daniela Nadj and published by Routledge. This book was released on 2018-05-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

Thematic Prosecution of International Sex Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480243
Total Pages : 577 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Thematic Prosecution of International Sex Crimes by : Morten Bergsmo

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:

Reproductive Violence and International Criminal Law

Author : Tanja Altunjan
Publisher : Springer Nature
ISBN 13 : 9462654514
Total Pages : 306 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Reproductive Violence and International Criminal Law by : Tanja Altunjan

Download or read book Reproductive Violence and International Criminal Law written by Tanja Altunjan and published by Springer Nature. This book was released on 2021-03-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

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.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 019100829X
Total Pages : 410 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Gender and International Criminal Law

Author : Indira Rosenthal
Publisher : Oxford University Press
ISBN 13 : 0192645072
Total Pages : 497 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Gender and International Criminal Law by : Indira Rosenthal

Download or read book Gender and International Criminal Law written by Indira Rosenthal and published by Oxford University Press. This book was released on 2022-06-16 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

Beyond Imperfect Justice

Author : Talita Dias
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004510958
Total Pages : 315 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Beyond Imperfect Justice by : Talita Dias

Download or read book Beyond Imperfect Justice written by Talita Dias and published by Martinus Nijhoff Publishers. This book was released on 2022-06-13 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the need for greater accessibility, foreseeability, and fair labels in the application of different rules of international criminal law by international and domestic courts.

Feminist Engagement with International Criminal Law

Author : Eithne Dowds
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921907
Total Pages : 237 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Feminist Engagement with International Criminal Law by : Eithne Dowds

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.

The Politics of Gender Justice at the International Criminal Court

Author : Louise A. Chappell
Publisher : Oxford University Press
ISBN 13 : 019992791X
Total Pages : 299 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Politics of Gender Justice at the International Criminal Court by : Louise A. Chappell

Download or read book The Politics of Gender Justice at the International Criminal Court written by Louise A. Chappell and published by Oxford University Press. This book was released on 2016 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive volume on gender and the ICC, this book makes substantial contributions to the fields of feminist international relations, feminist institutionalism, and historical institutionalism.

Wartime Sexual Violence at the International Level: A Legal Perspective

Author : Caterina E. Arrabal Ward
Publisher : BRILL
ISBN 13 : 9004360085
Total Pages : 272 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Wartime Sexual Violence at the International Level: A Legal Perspective by : Caterina E. Arrabal Ward

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 2018-07-19 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 argues that the human rights of victims of sexual violence are not presently entirely contemplated or protected.

The Diversification and Fragmentation of International Criminal Law

Author : Larissa van den Herik
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214593
Total Pages : 735 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik

Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

The International Criminal Court and Complementarity

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1316139506
Total Pages : 1604 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis The International Criminal Court and Complementarity by : Carsten Stahn

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 1604 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.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 304 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk

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 304 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.

Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law

Author : Sylvester Sammie
Publisher : Eleven International Publishing
ISBN 13 : 9789462362857
Total Pages : 444 pages
Book Rating : 4.3/5 (628 download)

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Book Synopsis Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law by : Sylvester Sammie

Download or read book Linking High-Level Accused to Sexual and Gender-Based Crimes in International Criminal Law written by Sylvester Sammie and published by Eleven International Publishing. This book was released on 2022-04-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mainstreaming Gender

Author : Jessica Maryanne Zaccagnino
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)

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Book Synopsis Mainstreaming Gender by : Jessica Maryanne Zaccagnino

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.