| Description |
1 online resource (xxxiii, 228 pages) |
| Note |
Revision of the author's thesis (D.C.L.) - McGill University, 2010, under title "Symbolic judgments or judging symbols : fair labelling and the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals." |
| Bibliography |
Includes bibliographical references (pages 165-220) and index. |
| 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. |
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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. |
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(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. |
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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. |
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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. |
| Note |
(B) Broad Definitions and Un-Specificity of Gender-Based Crimes: Barriers to Justice. |
| Summary |
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. |
| Language |
English. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Rape as a weapon of war.
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International criminal courts.
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LAW -- Criminal Law -- General. |
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International criminal courts. |
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Rape as a weapon of war. |
| Other Form: |
Print version: 0199357102 (DLC) 2013026830 |
| ISBN |
9780199357123 (electronic bk.) |
|
0199357129 (electronic bk.) |
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1322027692 |
|
9781322027692 |
|
0199357102 |
|
9780199357109 |
|
9780199357109 |
|
0199357110 |
|
9780199357116 |
|
0190259833 |
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9780190259839 |
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