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

Online ISBN:
9780190259839
Print ISBN:
9780199357109
Publisher:
Oxford University Press
Book

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

Hilmi M. Zawati
Hilmi M. Zawati

President

President, International Legal Advocacy Forum, St-Laurent, Quebec, Canada
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Published online:
20 April 2015
Published in print:
30 January 2014
Online ISBN:
9780190259839
Print ISBN:
9780199357109
Publisher:
Oxford University Press

Abstract

This book 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. The book deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. This book contributes to existing scholarship in many different ways. It focuses on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the International Criminal Court (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, the book 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, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

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