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E-raamat: International Criminal Court and the Responsibility to Protect [Taylor & Francis e-raamat]

(Lecturer in Law, Lorenzo de Medici Institute of Florence, Italy)
  • Formaat: 196 pages
  • Ilmumisaeg: 28-Jul-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003270737
  • Taylor & Francis e-raamat
  • Hind: 189,26 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 270,37 €
  • Säästad 30%
  • Formaat: 196 pages
  • Ilmumisaeg: 28-Jul-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003270737
"This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (R2P), assessing this relationship over time and through case studies of Darfur, Libya and Syria. The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of R2P and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced significant implementation problems in their first decades of life, they nonetheless have the potential to contribute to the historical evolution of international law in combining their values of promoting international peace and protecting human rights. This interdisciplinary study will be useful for scholars of international law and international relations. It will also be beneficial to persons working for international organisations and for civil society organisations focused on the activity of the ICC and on the development of R2P"--

This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (R2P), assessing this relationship over time and through case studies of Darfur, Libya and Syria.



This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (R2P), assessing this relationship over time and through case studies of Darfur, Libya and Syria. The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of R2P and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced significant implementation problems in their first decades of life, they nonetheless have the potential to contribute to the historical evolution of international law in combining their values of promoting international peace and protecting human rights. This interdisciplinary study will be useful for scholars of international law and international relations. It will also be beneficial to persons working for international organisations and for civil society organisations focused on the activity of the ICC and on the development of R2P.

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