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