Criminal Law

The UN Security Council and International Criminal Tribunals: Procedure Matters

By Christodoulos Kaoutzanis
Springer-Verlag January 2020

Specifications

ISBN-13
9783030237769
Publisher
Springer-Verlag
Publication
January 2020
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

Introduction
The Facts: Atrocities Investigations and the UN Security Council
The Existing Explanations
The Argument: Three Procedural Steps
The First Step: Preliminary Steps: The Role of A Patron Diplomat
The Second Step: The Deliberations: The Use of Third-Parties
The Third Step: Issuance of the Decision: The Use of Precedent
Conclusion
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