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| Author | : Louise A. Chappell |
| Publisher | : Oxford University Press |
| Total Pages | : 299 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 019992791X |
The definitive volume on gender and the ICC, this book makes substantial contributions to the fields of feminist international relations, feminist institutionalism, and historical institutionalism.
| Author | : Kcasey McLoughlin |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2024-11-30 |
| Genre | : Law |
| ISBN | : 9781009255288 |
In the past decade, feminist scholars and women's rights activists have used the feminist judgment method to reimagine the relationship between law and gender justice, resulting in rewritten 'feminist' judgments from courts around the world. This groundbreaking book extends this approach and applies it to a wide range of decisions of the International Criminal Court (ICC), the Hague-based court with power to prosecute war crimes, crimes against humanity, genocide and aggression in over 120 countries. With over 60 contributors from the Global North and Global South, including countries where the ICC has been active, this book reflects an international and intersectional feminism. Diverse contributions reveal the gendered implications of crimes (both sexual and non-sexual), command responsibility, defences, complementarity, head of state immunity, sentencing, reparations and more. This title is also available as Open Access on Cambridge Core.
| Author | : Daniela Nadj |
| Publisher | : Routledge |
| Total Pages | : 280 |
| Release | : 2018-05-23 |
| Genre | : Law |
| ISBN | : 1317228189 |
This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.
| Author | : Rosemary Grey |
| Publisher | : Cambridge University Press |
| Total Pages | : 395 |
| Release | : 2019-04-11 |
| Genre | : 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 | : Hilmi M. Zawati |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2015-11 |
| Genre | : 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 | : Eithne Dowds |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 237 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1509921907 |
This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
| Author | : Oumar Ba |
| Publisher | : Cambridge University Press |
| Total Pages | : 207 |
| Release | : 2020-07-02 |
| Genre | : Law |
| ISBN | : 1108806082 |
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
| Author | : S. Buckley-Zistel |
| Publisher | : Springer |
| Total Pages | : 293 |
| Release | : 2011-11-30 |
| Genre | : Political Science |
| ISBN | : 0230348610 |
Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
| Author | : Valérie V. Suhr |
| Publisher | : Springer Nature |
| Total Pages | : 405 |
| Release | : 2021-12-13 |
| Genre | : Law |
| ISBN | : 9462654832 |
This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany
| Author | : Catherine O'Rourke |
| Publisher | : Routledge |
| Total Pages | : 296 |
| Release | : 2013-08-22 |
| Genre | : Law |
| ISBN | : 1135983690 |
What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.
