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Books > Law > International law > Public international law > International humanitarian law
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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals (Hardcover)
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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals (Hardcover)
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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, within the legal principle and theoretical
framework of fair labelling. 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, 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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