Strengthening the Security Council’s Responses to Non-cooperation Through the Lens of R2P and General International Law
摘要
This chapter seeks to examine how R2P, as well as the principles entrenched in general international law can enhance the United Nations Security Council’s responses to non-cooperation referred to it by the ICC. As the body tasked with the maintenance of international peace and security under the UN Charter, the Security Council has a critical role to play in the implementation of R2P, particularly in addressing atrocity crimes. This includes its mandate towards the ICC in referring situations to the Court and respond to referrals of non-cooperation. However, the Security Council’s efforts in this context have been less than ideal, with the Council failing to meet its obligations towards the Court and R2P. This chapter focuses on the Security Council’s role in the implementation of the third pillar of R2P, as well as in the protection of peremptory normsPeremptory norms of general internationalPeremptory norms of general international law lawGeneral international law. This includes an examination of the vetoVeto power granted to the permanent membersPermanent members of the Council, as well as international efforts at encouraging more mindful and responsible use of this power. The chapter also considers whether peacekeeping operations can serve as effective follow up mechanisms for following up on situations referred to the ICC. Finally, this chapter explores the potential of the UN General assemblyThe UN General Assembly to address Security Council inaction and enhance responses to non-cooperation.