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Lecture 13: The International Criminal Court and the Responsibility to Protect

November 5, 2019
by
YaleCourses
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Lecture 13: The International Criminal Court and the Responsibility to Protect

TL;DR

The International Criminal Court (ICC) and the Responsibility to Protect (R2P) are two doctrines that are reshaping the international legal and political orders. While the ICC prosecutes individuals for war crimes and crimes against humanity, R2P asserts that governments have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity.

Transcript

  • We're gonna continue with the part two of the course on the new or emerging global order after the end of the Cold War. We've spent two lectures on democracy, and particularly the enormous promise that democracy seemed to offer, which was sort of, for which the South African transition was something of a poster child in 1994. This was before the ... Read More

Key Insights

  • 🌍 The ICC and R2P are attempting to reshape the international legal and political orders.
  • 🇨🇫 The ICC has been criticized for being biased against African countries in its prosecutions.
  • 👻 R2P asserts that governments have a responsibility to protect their populations and allows for intervention if national authorities fail to do so.

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Questions & Answers

Q: What is the role of the ICC?

The ICC is responsible for prosecuting individuals for war crimes, crimes against humanity, and genocide. It has jurisdiction over crimes committed within signatory countries and by citizens of signatory countries.

Q: How is the ICC viewed in the Global South?

The ICC has faced criticism, particularly from the Global South, for being biased against African countries. All convictions to date have been of individuals from African countries.

Q: What is R2P?

R2P asserts that governments have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. It allows for intervention by the international community if national authorities fail to protect their populations.

Q: How was the R2P doctrine established?

The concept of R2P emerged following the NATO intervention in Kosovo in 1999. A commission was convened to develop the doctrine, and it was later adopted by the UN General Assembly.

Summary & Key Takeaways

  • The content discusses the emergence of the ICC and R2P as two doctrines that aim to reshape the international legal and political orders.

  • The ICC, established in 2002, prosecutes individuals for war crimes, crimes against humanity, and genocide.

  • R2P asserts that governments have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity.


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