Résultats de recherche

1. Objectifs

Intentions :
«This thesis argues that the abstractness and lack of accurate description and labelling 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 such crimes. Accordingly, this inquiry deals with gender-based crimes as a case study and with fair labelling as a legal principle and a theoretical framework.» (p. i)

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

« This analysis consists of four interrelated chapters […]. The introductory chapter begins by outlining the central focus and theoretical legal framework that guides my investigation and analysis of the dilemma of prosecuting gender-based crimes in the ad hoc international criminal tribunals and the ICC. […] Chapter two concentrates on fair labelling as a common legal principle and a legal framework that guides my work. […] Chapter three addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals. […] Finally, after summarising the main findings of this inquiry, chapter four concludes by confirming that the lack of accurate description and labelling of gender-based crimes in the statutory laws of the international criminal tribunals and courts violate the principle of fair labelling, lead to inconsistent verdicts and punishments, and inadequate prosecution of such crimes. Moreover, it underlines the options for reform within the statutory laws of these judicial bodies in the light of the principle of fair labelling. This reform would help the tribunals and the ICC to eliminate inconsistent prosecutions and overcome shortcomings in addressing gender-based crimes within their jurisprudence.» (p. i-ii) The question of forced marriage is part of the reflection of the author.