The UN Security Council and International Criminal Tribunals: Procedure Matters
Title | The UN Security Council and International Criminal Tribunals: Procedure Matters PDF eBook |
Author | Christodoulos Kaoutzanis |
Publisher | Springer Nature |
Total Pages | 211 |
Release | 2020-01-01 |
Genre | Political Science |
ISBN | 303023777X |
The book explains why and how the UN Security Council authorizes international criminal investigations into mass atrocities. In doing so, it tackles head-on the obvious double standards of global justice, where few atrocities get investigated and most slip below the headlines. The book argues that the Council’s decision-making procedure is central to understanding the Council’s decisions. This procedure is broken into three distinct steps, namely the role of diplomats at the Council, the Council’s reliance on third parties and the Council’s resort to precedent. The volume documents that the Council authorized international criminal investigations only into the handful of mass atrocities for which the Council’s deliberations successfully completed each of these three steps. Written for both scholars and practitioners, the book combines insights from the fields of international relations, international law and human rights. Through archival research and interviews with UNSC diplomats who took part in deliberations on atrocities, the volume presents evidence that supports its argument across cases and across time. In doing so, the book avoids the yes/no (or 0 vs 1) tendency of many social science projects, thereby acknowledging that there is no silver bullet to explain the work of the Council’s five permanent and ten elected members. Chris Kaoutzanis's Procedure Matters is a deep dive into how the UN Security Council actually works in dealing with some of the world's worst atrocities. Showing that UN procedure does matter, Kaoutzanis illuminates the limited accountability for international crimes that can be expected from that vital institution. As importantly, he offers a road map for how to use UN legitimating procedures to navigate the power politics of that august body. This is a map no scholar of international institutions and no human rights activist should be without. Michael Doyle, Columbia University This project recognizes what the scholarly literature has generally ignored or deemphasized: the central role of the Security Council in responding to mass atrocity situations. As much as international lawyers would hate to admit it, the legal response to international crimes is initially controlled not by international judges and tribunals, but rather by the Security Council and its geo-political and diplomatic complications. Kaoutzanis has put the sun back at the center of our solar system. Jens David Ohlin, Cornell Law School
The UN Security Council and the International Criminal Court
Title | The UN Security Council and the International Criminal Court PDF eBook |
Author | Gabriel M. Lentner |
Publisher | Edward Elgar Publishing |
Total Pages | 240 |
Release | 2018-11-30 |
Genre | Law |
ISBN | 1788117328 |
Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
The Triggering Procedure of the International Criminal Court
Title | The Triggering Procedure of the International Criminal Court PDF eBook |
Author | Héctor Olásolo |
Publisher | BRILL |
Total Pages | 422 |
Release | 2005-10-01 |
Genre | Business & Economics |
ISBN | 9047415744 |
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
UN Security Council Referrals to the International Criminal Court
Title | UN Security Council Referrals to the International Criminal Court PDF eBook |
Author | Alexandre Skander Galand |
Publisher | BRILL |
Total Pages | 278 |
Release | 2018-11-22 |
Genre | Law |
ISBN | 9004342214 |
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
The Procedure of the UN Security Council
Title | The Procedure of the UN Security Council PDF eBook |
Author | Loraine Sievers |
Publisher | Oxford University Press (UK) |
Total Pages | 744 |
Release | 2014 |
Genre | Law |
ISBN | 0199685290 |
This text is a revised edition and contains new material documenting the extensive and rapid innovations in the UN Security Council's procedures of the past two decades. It provides insight into the inside workings of the world's pre-eminent body for the maintenance of international peace and security. Grounded in the history and politics of the Council, it describes the ways the Council has responded through its working methods to a changing world. It explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and its own subsidiary bodies.
An Institutional Perspective on the United Nations Criminal Tribunals
Title | An Institutional Perspective on the United Nations Criminal Tribunals PDF eBook |
Author | Huw Llewellyn |
Publisher | BRILL |
Total Pages | 479 |
Release | 2021-03-22 |
Genre | Law |
ISBN | 9004447709 |
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing their institutional strengths and weaknesses, and tracing the tension between their governance and judicial independence.
The UN Security Council and the Politics of International Authority
Title | The UN Security Council and the Politics of International Authority PDF eBook |
Author | |
Publisher | Routledge |
Total Pages | 260 |
Release | |
Genre | |
ISBN | 113597358X |