Book Description
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
Author : Rosemary Grey
Publisher : Cambridge University Press
Page : 395 pages
File Size : 45,20 MB
Release : 2019-04-11
Category : Law
ISBN : 1108470432
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
Author : Rosemary Grey
Publisher : Cambridge University Press
Page : 394 pages
File Size : 26,57 MB
Release : 2020-11-26
Category : Law
ISBN : 9781108455985
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
Author : Serge Brammertz
Publisher : Oxford University Press
Page : 545 pages
File Size : 50,31 MB
Release : 2016
Category : History
ISBN : 0198768567
Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.
Author : Anne-Marie de Brouwer
Publisher : Intersentia NV
Page : 0 pages
File Size : 46,46 MB
Release : 2013
Category : Humanitarian law
ISBN : 9781780680026
"This edited volume focuses on developments in recognizing, investigating, and prosecuting cases of sexual violence in (post-)conflict situations from an interdisciplinary angle."--P. 4 of cover.
Author : Louise A. Chappell
Publisher : Oxford University Press
Page : 299 pages
File Size : 33,44 MB
Release : 2016
Category : Law
ISBN : 019992791X
This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.
Author : Hilmi M. Zawati
Publisher : Oxford University Press
Page : 273 pages
File Size : 35,20 MB
Release : 2015-11
Category : Law
ISBN : 0199357110
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.
Author : Charles Jalloh
Publisher : Cambridge University Press
Page : 423 pages
File Size : 44,23 MB
Release : 2020-07-16
Category : Law
ISBN : 1107178312
Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
Author : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 33,26 MB
Release : 2006-03-29
Category : Law
ISBN : 1134315678
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 1293 pages
File Size : 19,85 MB
Release : 2011-10-06
Category : Law
ISBN : 1316139506
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Author : Caterina E. Arrabal Ward
Publisher : BRILL
Page : 272 pages
File Size : 39,46 MB
Release : 2018-07-10
Category : Law
ISBN : 9004360085
In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.