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The UN Security Council and International Criminal Tribunals: Procedure Matters


ISBN13: 9783030237769
Published: January 2020
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99
Paperback edition , ISBN13 9783030237790



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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.

Subjects:
International Criminal Law
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