Hilmi M. Zawati and Teresa A. Doherty
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter discusses the challenges faced by the criminal tribunals regarding their statutory laws and procedures. It presents a wide array of forms of deliberate inappreciation of legal ...
More
This chapter discusses the challenges faced by the criminal tribunals regarding their statutory laws and procedures. It presents a wide array of forms of deliberate inappreciation of legal practitioners to prosecuting rape and gender-based cases. In addition, this chapter provides an exposition on the infringement of rights of the accused due to ambiguity and lack of prosecutorial strategy.Less
This chapter discusses the challenges faced by the criminal tribunals regarding their statutory laws and procedures. It presents a wide array of forms of deliberate inappreciation of legal practitioners to prosecuting rape and gender-based cases. In addition, this chapter provides an exposition on the infringement of rights of the accused due to ambiguity and lack of prosecutorial strategy.
Hilmi M. Zawati and Teresa A. Doherty
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.003.0010
- Subject:
- Law, Human Rights and Immigration
This concluding chapter summarizes the intentions of the author to present an in-depth case study featuring war-time gender-based crimes during the onset of wars in the nations of former Yugoslavia, ...
More
This concluding chapter summarizes the intentions of the author to present an in-depth case study featuring war-time gender-based crimes during the onset of wars in the nations of former Yugoslavia, Rwanda, and Sierra Leone. It provides a summary of findings about the revolutionary efforts of the international criminal tribunals and feminist legal activists for a firmer international criminal justice. In addition, it describes the role of the principle of fair-labelling and other compelling legal concepts in providing a legalistic approach to the discourse.Less
This concluding chapter summarizes the intentions of the author to present an in-depth case study featuring war-time gender-based crimes during the onset of wars in the nations of former Yugoslavia, Rwanda, and Sierra Leone. It provides a summary of findings about the revolutionary efforts of the international criminal tribunals and feminist legal activists for a firmer international criminal justice. In addition, it describes the role of the principle of fair-labelling and other compelling legal concepts in providing a legalistic approach to the discourse.
Hilmi M. Zawati
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.001.0001
- Subject:
- Law, Human Rights and Immigration
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 ...
More
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.Less
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.
Hilmi M. Zawati and Teresa A. Doherty
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter examines the historical invisibility of gender-based crimes in the international humanitarian instruments and international criminal tribunal's case law. It presents the roles played by ...
More
This chapter examines the historical invisibility of gender-based crimes in the international humanitarian instruments and international criminal tribunal's case law. It presents the roles played by the feminist legal scholars in introducing gender-based crimes to the scrutiny of the world through their diverse views and arguments regarding the matter. In addition, the chapter describes the heinous misfortunes of Bosnian Muslim and Croatian victims under the tyranny of the Serb men.Less
This chapter examines the historical invisibility of gender-based crimes in the international humanitarian instruments and international criminal tribunal's case law. It presents the roles played by the feminist legal scholars in introducing gender-based crimes to the scrutiny of the world through their diverse views and arguments regarding the matter. In addition, the chapter describes the heinous misfortunes of Bosnian Muslim and Croatian victims under the tyranny of the Serb men.
Hilmi M. Zawati and Teresa A. Doherty
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.003.0005
- Subject:
- Law, Human Rights and Immigration
This chapter explains the failures of the international criminal tribunals to address the issues of rape, sexual slavery, and all other forms of sexual violence due to lack of a central definition ...
More
This chapter explains the failures of the international criminal tribunals to address the issues of rape, sexual slavery, and all other forms of sexual violence due to lack of a central definition for the offence, non-codification of the offence, and conflicting rules of law of the criminal tribunals of Yugoslavia, Rwanda, and Sierra Leone. It provides a thorough analysis of different legal scholars from which a landmark definition of rape is derived.Less
This chapter explains the failures of the international criminal tribunals to address the issues of rape, sexual slavery, and all other forms of sexual violence due to lack of a central definition for the offence, non-codification of the offence, and conflicting rules of law of the criminal tribunals of Yugoslavia, Rwanda, and Sierra Leone. It provides a thorough analysis of different legal scholars from which a landmark definition of rape is derived.
Aili Mari Tripp, Myra Marx Ferree, and Christina Ewig (eds)
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814770207
- eISBN:
- 9780814770139
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814770207.001.0001
- Subject:
- Political Science, Security Studies
The nature of human security is changing globally: interstate conflict and even intrastate conflict may be diminishing worldwide, yet threats to individuals and communities persist. Large-scale ...
More
The nature of human security is changing globally: interstate conflict and even intrastate conflict may be diminishing worldwide, yet threats to individuals and communities persist. Large-scale violence by formal and informal armed forces intersects with interpersonal and domestic forms of violence in mutually reinforcing ways. This book takes a critical look at notions of human security and violence through a feminist lens, drawing on both theoretical perspectives and empirical examinations through case studies from a variety of contexts around the globe. It goes beyond existing feminist international relations engagements with security studies to identify not only limitations of the human security approach, but also possible synergies between feminist and human security approaches. The chapters analyze specific case studies from around the globe, ranging from post-conflict security in Croatia to the relationship between state policy and gender-based crime in the United States. Shifting the focus of the term “human security” from its defensive emphasis to a more proactive notion of peace, the book ultimately calls for addressing the structural issues that give rise to violence. A hard-hitting critique of the ways in which global inequalities are often overlooked by human security theorists, the book presents a much-needed intervention into the study of power relations throughout the world.Less
The nature of human security is changing globally: interstate conflict and even intrastate conflict may be diminishing worldwide, yet threats to individuals and communities persist. Large-scale violence by formal and informal armed forces intersects with interpersonal and domestic forms of violence in mutually reinforcing ways. This book takes a critical look at notions of human security and violence through a feminist lens, drawing on both theoretical perspectives and empirical examinations through case studies from a variety of contexts around the globe. It goes beyond existing feminist international relations engagements with security studies to identify not only limitations of the human security approach, but also possible synergies between feminist and human security approaches. The chapters analyze specific case studies from around the globe, ranging from post-conflict security in Croatia to the relationship between state policy and gender-based crime in the United States. Shifting the focus of the term “human security” from its defensive emphasis to a more proactive notion of peace, the book ultimately calls for addressing the structural issues that give rise to violence. A hard-hitting critique of the ways in which global inequalities are often overlooked by human security theorists, the book presents a much-needed intervention into the study of power relations throughout the world.
