Fair labelling and the dilemma of prosecuting gender-based crimes at the international criminal tribunals /
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-base...
Saved in:
| Main Author: | |
|---|---|
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Oxford :
Oxford University Press,
[2014]
|
| Subjects: | |
| Online Access: |
Full text (MFA users only) |
| ISBN: | 9780199357123 0199357129 1322027692 9781322027692 0199357102 9780199357109 0199357110 9780199357116 0190259833 9780190259839 |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Fair labelling as a common legal principle in criminal law
- Fair labelling and other criminal law principles and concepts
- Fair labelling and the codification of gender-based crimes in the statutory laws of the international criminal tribunals
- Prosecution of gender-based crimes and feminist legal literature
- The dilemma of prosecuting gender-based crimes at the international criminal tribunals
- Conclusion : looking to the future.
- 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.