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