The Politics Of Gender Justice At The International Criminal Court
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The Politics Of Gender Justice At The International Criminal Court
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Author : Louise A. Chappell
language : en
Publisher: Oxford University Press
Release Date : 2016
The Politics Of Gender Justice At The International Criminal Court written by Louise A. Chappell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
The Politics Of Gender Justice At The International Criminal Court
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Author : Louise A. Chappell
language : en
Publisher:
Release Date : 2015
The Politics Of Gender Justice At The International Criminal Court written by Louise A. Chappell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Electronic books categories.
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.
Feminist Judgments Reimagining The International Criminal Court
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Author : Kcasey McLoughlin
language : en
Publisher: Cambridge University Press
Release Date : 2024-11-30
Feminist Judgments Reimagining The International Criminal Court written by Kcasey McLoughlin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-30 with Law categories.
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.
Prosecuting Sexual And Gender Based Crimes At The International Criminal Court
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Author : Rosemary Grey
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
Prosecuting Sexual And Gender Based Crimes At The International Criminal Court written by Rosemary Grey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-11 with Law categories.
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
International Criminal Law And Sexual Violence Against Women
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Author : Daniela Nadj
language : en
Publisher: Routledge
Release Date : 2018-05-23
International Criminal Law And Sexual Violence Against Women written by Daniela Nadj and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-23 with Law categories.
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.
Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals
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Author : Hilmi M. Zawati
language : en
Publisher: Oxford University Press
Release Date : 2015-11
Fair Labelling And The Dilemma Of Prosecuting Gender Based Crimes At The International Criminal Tribunals written by Hilmi M. Zawati and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11 with Law categories.
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.
Feminist Engagement With International Criminal Law
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Author : Eithne Dowds
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Feminist Engagement With International Criminal Law written by Eithne Dowds and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
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.
Gender And Justice
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Author : Sally J. Kenney
language : en
Publisher: Routledge
Release Date : 2012-09-10
Gender And Justice written by Sally J. Kenney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Social Science categories.
Intended for use in courses on law and society, as well as courses in women’s and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.
Gender Politics In Transitional Justice
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Author : Catherine O'Rourke
language : en
Publisher: Routledge
Release Date : 2013-08-22
Gender Politics In Transitional Justice written by Catherine O'Rourke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Law categories.
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.
Cosmopolitanism And The Development Of The International Criminal Court
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Author : Jennifer Biedendorf
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-08-01
Cosmopolitanism And The Development Of The International Criminal Court written by Jennifer Biedendorf and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-01 with Law categories.
Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates’ rhetoric and the discourse of anti–women’s rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States “unsigning” an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.