| Foreword |
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xii | |
| Acknowledgements |
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xvi | |
| Introduction |
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1 | (2) |
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1 Crossing Parallels: The Relationship between the Doctrine and the Court as Liberal Cosmopolitan Tools against `Atrocity Crimes' |
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3 | (36) |
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3 | (1) |
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2 The Responsibility to Protect: The Need for a Clear Definition and Legal Framework of Action |
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3 | (2) |
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3 The ICC: The Need for Enforcement Mechanisms and Political Independence |
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5 | (1) |
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4 Defining the Developing Concept of Responsibility to Protect |
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6 | (7) |
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5 Connecting the Doctrine to the Court |
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13 | (2) |
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6 A Common Cultural Background: Liberal Cosmopolitanism |
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15 | (6) |
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7 A Common Subject-Matter Jurisdiction: Atrocity Crimes |
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21 | (7) |
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8 Positive Synergies between the Doctrine and the Court |
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28 | (2) |
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9 Risks of Connecting the Doctrine and the Court |
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30 | (2) |
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32 | (7) |
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33 | (6) |
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2 The International Criminal Court as a Security Council Tool to Protect Populations from Core Crimes |
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39 | (34) |
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39 | (1) |
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2 An Overview of the Darfur Situation |
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40 | (4) |
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3 The Security Council Referrals: Resolutions 1593/2005 and 1970/2011 |
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44 | (13) |
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4 The Security Council and Referral Financing: Indirect Control over International Criminal Court Action |
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57 | (2) |
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5 Obligations and Rights Arising from Resolution 1970 |
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59 | (3) |
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6 The Dialectic between the International Criminal Court and the Security Council |
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62 | (5) |
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67 | (6) |
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68 | (5) |
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3 The Security Council's Responsibility to Protect: The Role of the Doctrine in Responding to International Crimes |
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73 | (31) |
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73 | (1) |
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2 The Responsibility to Protect in Security Council Resolutions and Presidential Statements |
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73 | (3) |
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3 The Partial Application of the Responsibility to Protect in Security Council Resolutions |
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76 | (2) |
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4 The Security Council's Implementation of the Responsibility to Protect in Libya and Syria |
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78 | (6) |
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5 The Responsibility to Protect after Libya: States' Approaches to the Doctrine |
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84 | (2) |
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6 The Council and the Doctrine in the Syrian Armed Conflict |
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86 | (2) |
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7 The Vetoed Referral to the International Criminal Court |
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88 | (2) |
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8 The Responsibility Not to Veto: Preliminary Remarks on Advocating More Action of the Security Council |
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90 | (9) |
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99 | (5) |
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99 | (5) |
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4 The International Criminal Court's Ability to Protect: Questioning the Judicial Deterrence of International Crimes |
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104 | (26) |
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104 | (4) |
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2 The Distinction between Prevention and Deterrence |
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108 | (2) |
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3 Traditional Deterrence Theory and the Rationality of Perpetrators |
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110 | (4) |
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4 Definitions and Categories of Deterrence |
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114 | (2) |
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5 Perception of Severity, Certainty, and Swiftness of Punishments |
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116 | (2) |
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6 Literature on the Deterrent Power of the International Criminal Court |
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118 | (3) |
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7 Deterrence in the Practice of the International Criminal Court |
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121 | (3) |
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124 | (6) |
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125 | (5) |
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5 The Impact on Ius ad Bellum of the International Criminal Court and the Responsibility to Protect |
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130 | (28) |
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130 | (2) |
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2 The Responsibility to Protect and the Prohibition on the Use of Force |
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132 | (4) |
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3 The Current Status of the Ius ad Rellum Regime |
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136 | (1) |
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4 Humanitarian Intervention and the Responsibility to Protect |
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137 | (1) |
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5 In Accordance with the Charter: Opinio Iuris on the Responsibility to Protect and the Use of Force |
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138 | (3) |
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6 The International Criminal Court and the Criminalisation of Aggression |
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141 | (12) |
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153 | (5) |
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154 | (4) |
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6 The Impact of the International Criminal Court and the Responsibility to Protect on State Sovereignty |
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158 | (29) |
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158 | (1) |
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2 Sovereignty of Humanity: International Law after the Second World War |
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159 | (4) |
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163 | (2) |
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4 Different Dimensions of Sovereignty and the Impact of the Doctrine and the Court |
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165 | (2) |
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5 The Value of State Sovereignty |
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167 | (6) |
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6 The International Criminal Court and Previous International Tribunals |
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173 | (5) |
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7 The Responsibility to Protect and Sovereignty as Responsibility |
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178 | (2) |
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180 | (7) |
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181 | (6) |
| Conclusions |
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187 | (4) |
| Index |
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191 | |