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

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

Author: Dr. Hilmi M. Zawati
Publisher: Oxford University Press USA
ISBN: 9780199357116

Published In: November 2015
Format: Paperback , 262 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780199357109

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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
Provides a clear legal argument, theoretical structure, and carefully articulated points about the principle of fair labelling and its significance
Discusses the concept of proportionality between crime and punishment to enable judicial bodies to deliver consistent verdicts and punishments
Contains an extensive selected bibliography to help the reader easily refer to the fundamental sources of arguments, and to foster further research

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, within the legal principle and theoretical framework of fair labelling.

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, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

Readership: Law schools teaching international criminal law; International criminal tribunals and courts

Preface by Justice Teresa Doherty
Foreword
Acknowledgments
Table of International Cases
Table of National Cases
Table of International Documents and Treaties
Table of Governmental Legislations and documents
Table of UN Security Council's Resolutions
Abbreviations
Introduction: Design and Structure
Part One: Fair Labelling and the Codification of Gender-Based
Crimes in the Statutory Laws of the
International Criminal Tribunals
Introduction
Chapter One: Fair Labelling as a Common Legal Principle in Criminal Law
Chapter Two: Fair Labelling and other Criminal Law Principles and Concepts
Chapter Three: Fair Labelling and the Codification of Gender-Based Crimes in the Statutory Laws of the International Criminal Tribunals
Part Two: Fair Labelling and the Dilemma of Prosecuting Gender-Based
Crimes at the International Criminal Tribunals
Introduction
Chapter Four: Prosecution of Gender-Based Crimes and Feminist Legal Literature
Chapter Five: The Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals
Conclusion: Looking to the Future
Appendices: Crimes under the Statutory Laws of the
International Criminal Tribunals
I. Statute of the International Criminal Tribunal for the Former Yugoslavia
II. Statute of the International Criminal Tribunal for Rwanda
III. Rome Statute of the International Criminal Court
IV. Regulation No. 2000/15 on the Establishment of Panels in East Timor with Exclusive Jurisdiction over Serious Criminal Offences
V. Statute of the Special Court for Sierra Leone
VI. Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea
Selected Bibliography
Index

Hilmi M. Zawati is President of the International Legal Advocacy Forum (ILAF), an international criminal law jurist, and human rights advocate. Over the past three decades, and ever since the first reports of war crimes during the Yugoslav dissolution war of 1992-1995 Dr. Zawati has been a committed human rights activist, and has actively advocated human rights of wartime rape victims throughout the world. A prominent speaker and author on a number of hotly debated legal issues, Dr. Zawati has addressed major academic and professional groups in the Middle East, Africa, Europe, the United States, and Canada. His present primary research and teaching areas are: public international law; international criminal law; international humanitarian and human rights law; international gender justice system; international environmental law of armed conflict; social diversity and the law; judicial mechanisms under universal jurisdiction; and Islamic law of nations (siyar). He is the author of severa

prize-winning books on international humanitarian and human rights law, including his most recent book: The Triumph of Ethnic Hatred and the Failure of International Political Will: Gendered Violence and Genocide in the Former Yugoslavia and Rwanda (2010).