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Feminist Engagement with International Criminal Law
The work introduces the feminist strategy of 'norm transfer' to international criminal law; that is that notion that international standards trickle down to the national level and fill in any gaps in domestic legislation. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), norm transfer may occur in two stages: the first stage involves transposing international norms into domestic law on international crimes through 'implementing legislation'. The second involves filtering these norms into domestic law or practice on domestic crimes. The work has at its centre the case study of the crime of rape. It draws attention to calls by non-governmental...
Sexual Violence on Trial
Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland. Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the soc...
Feminist Engagement with International Criminal Law
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 ...
Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals
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 ...
The Justice of Humans
An innovative socio-legal study of 'international justice', focusing on conflict-related sexual violence in the former Yugoslavia.
The Voices of #MeToo
The Voices of #MeToo: From Grassroots Activism to a Viral Roar is a timely analysis of how marginalized voices are engaged or silenced in one of the most successful social media projects in recent history. Accessibly written, this book unravels the ideas and practices of activism throughout the #MeToo movement from its inception to its current viral moment. The movement went viral with a tweet from Alyssa Milano after the avalanche of sexual harassment and assault allegations against movie mogul Harvey Weinstein. The hashtag, however, got its start from African-American, grassroots activist Tarana Burke a decade earlier. Taking this as her starting place, Gieseler focuses on the marginalized...
When Rape Goes Viral
"Stories of teen sexting scandals, cyberbullying, and image-based sexual abuse have become commonplace fixtures of the digital age, with many adults struggling to identify ways to monitor young people's digital engagement. In When Rape Goes Viral, Anna Gjika argues that rather than focusing on surveillance, we should examine such incidents for what they tell us about youth peer cultures and the gender norms and sexual ethics governing their interactions. Drawing from interviews with teens and high-profile cases of mediated juvenile sexual assault, Gjika exposes the deeply unequal and heteronormative power dynamics informing teens' intimate relationships and digital practices, and she critically interrogates the role of technological logics, digital cultures, and broader social values in sanctioning abuse. This book also explores the consequences of social media and digital evidence for young victim-survivors and perpetrators of sexual assault, detailing the paradoxical role of technology for social and legal responses to gender violence"--
New Directions in Sexual Violence Scholarship
This edited collection brings together leading and emerging scholars in the important field of sexual violence scholarship. The last ten years have witnessed an international reckoning on sexual violence, typified in the mainstream imagination by the #MeToo movement, acknowledgement of the violence of university campus life, and the overdue recognition of the enduring harms of child sexual abuse. While the state has been forced to respond through law and other political processes, at times revealing its agility and at other times its archaic investment in the past, much of the real work responding to sexual violence and abuse has taken place within communities, and in the personal responses ...
Children and Youth at Risk in Times of Transition
Children and youth belong to one of the most vulnerable groups in societies. This was the case even before the current humanitarian crises around the world which led millions of people and families to flee from wars, terror, poverty and exploitation. Minors have been denied human rights such as access to education, food and health services. They have been kidnapped, sold, manipulated, mutilated, killed, and injured. This has been and continues to be the case in both developed and developing countries, and it does not look as if the situation will improve in the near future. Rather, current geopolitical developments, political and economic uncertainties and instabilities seem to be increasing...
European Perspectives on Attrition in Sexual Offenses
Many factors contribute to attrition in sexual offense cases from victim reluctance to systemic barriers. This book examines the attrition of sexual offenses across seven countries—Bosnia and Herzegovina, Germany, Italy, Spain, Sweden, the UK, and Türkiye. Using various jurisdictions and legal systems sheds light on how those systems' distinctive features impact investigation and adjudication. Through the critical analyses of various sexual offenses and statistical data, European Perspectives on Attrition in Sexual Offenses demonstrates how cases continue to attrite through their journey from commencement to the finalization within the European criminal justice systems. This book would be of interest to scholars studying criminology, criminal justice, and law as well as practitioners within the criminal justice and legal professions.
