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: 44.37 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.

Rough Justice

Author: David Bosco
Publisher: Oxford University Press
ISBN: 0199844135
Size: 57.77 MB
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The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.

Treatise On International Criminal Law

Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0199665613
Size: 66.29 MB
Format: PDF, ePub
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Human Rights

Author: Christian Tomuschat
Publisher: Oxford University Press, USA
ISBN: 9780199268627
Size: 28.86 MB
Format: PDF
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By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this text provides an overview of human rights. After briefly examining the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy.

We Want What S Ours

Author: Bernadette Atuahene
Publisher: Oxford University Press, USA
ISBN: 0198714637
Size: 43.36 MB
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On countless occasions in history one group with political power has taken property from a less powerful group as part of a larger strategy to dehumanize or infantilize them. The colonial expropriation of property from native peoples, the Nazi confiscation of property from Jews, the Hutu taking of property from Tutsis during and after the Rwandan genocide, and Saddam Hussein's seizing of property from the Kurds in Iraq all typify this enduring phenomenon. In such instances, the dispossessed were subjected to deprivations of property and dignity. Subsequent governments then had to navigate the perilous landscape surrounding the return of land and other property to displaced or decimated populations. They could ignore the fact that people were deprived of their property, or they could rectify it. We Want What's Ours is a detailed study of South Africa's attempts to rectify the deprivation of land suffered by thousands of people under the colonial and apartheid regimes. It teaches a critical lesson about these transitions: remedying past wrongs entails more than distributing money or even returning property, because the dispossessed did not just lose their possessions, they also had their dignity taken from them. A comprehensive remedy for these 'dignity takings' involves confronting the underlying dehumanization, infantilization, and political exclusion that enabled the dispossession. That is, it requires 'dignity restoration' - a remedy based on principles of restorative justice that seeks to rehabilitate the dispossessed and reintegrate them into the fabric of society. South Africa's colonial and apartheid-era land dispossessions are a quintessential example of 'dignity takings', and the post-apartheid government is unique because it has sought to move beyond the more common step of only providing reparations (compensation for tangible losses) and instead has tried to facilitate the restoration of the dignity of the dispossessed. Bernadette Atuahene's detailed research, and extensive interviews with over one hundred and fifty South Africans who participated in the nation's land restitution program, demonstrates what was required for this 'dignity restoration', and how successful it has ultimately been. Rooted solidly in both academic analysis and human experiences, this book serves as an invaluable resource to international organizations, government bureaucrats, policy makers, NGOs, students, and scholars interested in redress for historical injustice, defending property rights, and conflict prevention.

Immigration Asylum And Human Rights

Author: Raza Husain
Publisher: Oxford University Press, USA
ISBN: 9780199236008
Size: 54.72 MB
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Providing detailed commentary on the relationship between human rights and immigration and asylum law, the team addresses a number of core problems for immigration practitioners, and reviews the Strasbourg case law relating to the rights of aliens and their families. The first edition of this book was published shortly after the passing of the Human Rights Act and examined the initial experience of its workings in the domestic immigration context. Since then, the EU has emerged as the primary source of law in the field of protection, and this new edition addresses the changes this has brought about, as well the long-term impact of the Human Rights Act on immigration and asylum law. In particular the book considers developments in the areas of cross jurisdictional transfer, AIDs cases, suicide risks, deportation with diplomatic assurance. Other significant developments addressed include cases on the detention of children, and a number of House of Lords decisions which have built on the rulings of ECtHR case law, such as Chikwamba v Secretary of State and EM (Lebanon) v Secretary of State.

The Access Of Individuals To International Justice

Author: Antônio Augusto Cançado Trindade
Publisher: Oxford University Press
ISBN: 0199580952
Size: 76.88 MB
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The Author examines the considerable advances undergone by the right of access to justice in the domain of the international protection of the rights of the human person in recent years. The right of access to justice is understood, lato sensu, as encompassing not only the formal access to a tribunal or judge, but also the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution ofjudgments.The evolving international case-law on the matter is examined in detail, including cases concerning victims in situations of the utmost adversity (e.g., abandoned or

The International Convention On The Elimination Of All Forms Of Racial Discrimination

Author: Patrick Thornberry
Publisher: Oxford University Press
ISBN: 019926533X
Size: 54.17 MB
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This Oxford Commentary is the first comprehensive article-by-article analysis of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. It discusses the conceptual and instrumental framework of the Convention and the CERD Committee, and addresses some of the critical challenges confronting the Convention.

Domestic Application Of The Echr

Author: Eirik Bjorge
Publisher: Oxford University Press
ISBN: 0198743637
Size: 62.73 MB
Format: PDF
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The first sustained critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. This book considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively.