This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (RtoP), assessing this relationship over time and through case studies of Darfur, Libya, and Syria.
The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of RtoP and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced significant implementation problems in their first decades of life, they nonetheless have the potential to contribute to the historical evolution of international law in combining their values of promoting international peace and protecting human rights.
This interdisciplinary study will be useful for scholars of international law and international relations. It will also be beneficial to persons working for international organisations and for civil society organisations focused on the activity of the ICC and on the development of RtoP.
Introduction, 1. Crossing Parallels: The Relationship between the Doctrine and the Court as Liberal Cosmopolitan Tools against ‘Atrocity Crimes’, 2. The International Criminal Court as a Security Council Tool to Protect Populations from Core Crimes, 3. The Security Council’s Responsibility to Protect: The Role of the Doctrine in Responding to International Crimes, 4. The International Criminal Court’s Ability to Protect: Questioning the Judicial Deterrence of International Crimes, 5. The Impact on Ius ad Bellum of the International Criminal Court and the Responsibility to Protect, 6. The Impact of the International Criminal Court and the Responsibility to Protect on State Sovereignty, Conclusions, Index
Dr Stefano Marinelli is a lawyer and a transitional justice specialist at the Agency for Peacebuilding. He researches and lectures in the areas of international law and conflict studies.
Reviews for The International Criminal Court and the Responsibility to Protect
‘This book enters uncharted territory and explores the interaction between the International Criminal Court and the doctrine of the Responsibility to Protect. Mastering this complex dynamic, Stefano Marinelli lucidly shows the flaws and potentials of the Court and the doctrine in promoting their common values and objectives.’ Professor Paola Gaeta, Graduate Institute, Geneva ‘The International Criminal Court and the Responsibility to Protect are often assumed to go together hand in hand. In fact, they are awkward bedfellows, deserving of critical scrutiny. Finally, a book-length treatment of the ICC–R2P relationship offers just that. Stefano Marinelli’s work on the subject is a must-read.’ Dr Mark Kersten, Wayamo Foundation, Berlin, and Munk School of Global Affairs and Public Policy, Toronto
