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

Cover -- Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals -- Copyright -- Dedication -- Contents -- Preface by Justice Teresa Doherty -- Foreword -- Acknowledgements -- Table of International Cases -- Table of National Cases -- Table of International Documents and Treaties -- Table of Governmental Legislative Provisions -- Table of UN Security Council Resolutions -- Abbreviations -- Introduction: Design and Structure -- 1. Prelude -- 2. Central Argument and Theoretical Framework -- 3. Justification and Contribution to Scholarship -- 4. Historical Overview -- 5. Structure and Scope -- PART 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 System -- 3. 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 Enterprise -- Concluding 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 System -- 2. 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 -- (B) Broad Definitions and Un-Specificity of Gender-Based Crimes: Barriers to Justice -- (C) Plea Bargaining Agreements: Gender-Based Crimes as the 'Least Condemned Crimes' -- 4. Fair Labelling: The Missing Legal Principle -- (A) The Right to Fair Warning or Maximum Certainty -- (B) The Right to Be Tried without Undue Delay -- (C) The Right to Fair Sentencing -- Concluding Remarks -- Conclusion -- Conclusion: Looking to the Future -- 1. Introduction -- 2. Summary and Main Findings -- 3. Contribution to Scholarship -- 4. Concluding Remarks -- SELECTED BIBLIOGRAPHY -- INDEX.

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.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.