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2. The International Criminal Court's Provisional Authority to Coerce
- Author:
- Antonio Franceschet
- Publication Date:
- 04-2012
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.
- Topic:
- Genocide
- Political Geography:
- Yugoslavia, United Nations, and Lower Dir
3. The Responsibility to Protect—Five Years On
- Author:
- Alex J. Bellamy
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- The Responsibility to Protect (RtoP) has become a prominent feature in international debates about preventing genocide and mass atrocities and about protecting potential victims. Adopted unanimously by heads of state and government at the 2005 UN World Summit and reaffirmed twice since by the UN Security Council, the principle of RtoP rests on three equally weighted and nonsequential pillars: (1) the primary responsibility of states to protect their own populations from the four crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity, as well as from their incitement; (2) the international community's responsibility to assist a state to fulfill its RtoP; and (3) the international community's responsibility to take timely and decisive action, in accordance with the UN Charter, in cases where the state has manifestly failed to protect its population from one or more of the four crimes. The principle differed from the older concept of humanitarian intervention by placing emphasis on the primary responsibility of the state to protect its own population, introducing the novel idea that the international community should assist states in this endeavor, and situating armed intervention within a broader continuum of measures that the international community might take to respond to genocide and mass atrocities. As agreed to by states, the principle also differed from the proposals brought forward by the International Commission on Intervention and State Sovereignty by (among other things) emphasizing international assistance to states (pillar two), downplaying the role of armed intervention, and rejecting criteria to guide decision-making on the use of force and the prospect of intervention not authorized by the UN Security Council. Five years on from its adoption, RtoP boasts a Global Centre and a network of regional affiliates dedicated to advocacy and research, an international coalition of nongovernmental organizations (NGOs), a journal and book series, and a research fund sponsored by the Australian government. More important, RtoP has made its way onto the international diplomatic agenda. In 2008, UN Secretary-General Ban Ki-moon challenged the UN membership to translate its 2005 commitment from ''words to deeds.'' This challenge was taken up by the General Assembly in 2009, when it agreed to give further consideration to the secretary-general's proposals. RtoP has also become part of the diplomatic language of humanitarian emergencies, used by governments, international organizations, NGOs, and independent commissions to justify behavior, cajole compliance, and demand international action.
- Topic:
- Security, Crime, Genocide, Government, and War
- Political Geography:
- United States and Australia
4. Deterrence, Democracy, and the Pursuit of International Justice
- Author:
- Leslie Vinjamuri
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- In recent years efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and governments engaged in rebuilding and reconstructing states. The indictment of sitting heads of state and rebel leaders engaged in ongoing conflicts, however, has been more exceptional than normal, but is nonetheless radically altering how we think about, debate, and practice justice. Arrest warrants for Sudanese president Omar Hassan Ahmad al-Bashir, Liberian president Charles Taylor, and the leader of the Lord's Resistance Army in Uganda, Joseph Kony, have not only galvanized attention around the role of international justice in conflict but are fundamentally altering the terms of debate. While a principled commitment continues to underpin advocacy for justice, several court documents and high-profile reports by leading advocacy organizations stress the capacity of international justice to deliver peace, the rule of law, and stability to transitional states. Such an approach presents a stark contrast to rationales for prosecution that claim that there is a moral obligation or a legal duty to prosecute the perpetrators of genocide, crimes against humanity, and war crimes. Instead, recent arguments have emphasized the instrumental purposes of justice, essentially recasting justice as a tool of peacebuilding and encouraging proponents and critics alike to evaluate justice on the basis of its effects.
- Topic:
- Crime, Genocide, Government, and War
- Political Geography:
- Uganda and Sudan