Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals

Author: Hilmi M. Zawati
Publisher: Oxford University Press
ISBN: 0199357110
Size: 15.44 MB
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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.

Rethinking Rape Law

Author: Clare McGlynn
Publisher: Routledge
ISBN: 1136974784
Size: 29.39 MB
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Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work and debate on sexual offences laws.

The Concept Of Cultural Genocide

Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Size: 66.51 MB
Format: PDF
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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

Defining Rape Emerging Obligations For States Under International Law

Author: Maria Eriksson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004202633
Size: 66.78 MB
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The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.

Forging A Convention For Crimes Against Humanity

Author: Leila Nadya Sadat
Publisher: Cambridge University Press
ISBN: 1139495828
Size: 70.64 MB
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Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

Understanding And Proving International Sex Crimes

Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788293081296
Size: 13.36 MB
Format: PDF
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"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.

Denying History

Author: Michael Shermer
Publisher: Univ of California Press
ISBN: 9780520944091
Size: 71.94 MB
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Denying History takes a bold and in-depth look at those who say the Holocaust never happened and explores the motivations behind such claims. While most commentators have dismissed the Holocaust deniers as antisemitic neo-Nazi thugs who do not deserve a response, historians Michael Shermer and Alex Grobman have immersed themselves in the minds and culture of these Holocaust "revisionists." In the process, they show how we can be certain that the Holocaust happened and, for that matter, how we can confirm any historical event. This edition is expanded with a new chapter and epilogue examining current, shockingly mainstream revisionism.

Class Race Gender And Crime

Author: Gregg Barak
Publisher: Rowman & Littlefield Publishers
ISBN: 074259971X
Size: 45.83 MB
Format: PDF, Kindle
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A decade after its first publication, Class, Race, Gender, and Crime remains the only authored book to systematically address the impact of class, race, and gender on criminological theory and all phases of the criminal justice process. The new edition has been thoroughly revised, for easier use in courses, and updated throughout, including new examples ranging from Bernie Madoff and the recent financial crisis to the increasing impact of globalization.

Justice Denied

Author: David Hoile
Publisher:
ISBN: 9780992803506
Size: 45.60 MB
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The pursuit of justice is one of mankind's most noble instincts. The International Criminal Court was embraced with enthusiasm when it was founded on 1 July 2002. Despite an auspicious start, the ICC has become one of the nastier manifestations of globalisation with an exclusive focus on Africa.