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The permanent five (P5) members of the United Nations Security
Council ? China, France, Russia, the UK, and the USA - have a firm
duty to prevent genocide in light of the due diligence standard
under conventional, customary, and peremptory international law.
This perceptive book explores the positive obligations of these
states to act both within and without the Security Council context
to prevent or suppress imminent or on-going genocide. John Heieck
successfully argues why the duty to prevent genocide is not only a
customary, but also an absolute norm of international law, and
analyses the scope of the due diligence standard regarding the duty
to prevent genocide. In doing so, he considers the ramifications of
this on the actions of the P5 members of the Security Council, both
within and outside of this eminent body. Significantly, Heieck
proposes a legal test for identifying jus cogens norms, and
explores the effect of these on the actions and omissions of
specifically identified members of the United Nations (UN). Topical
and insightful, A Duty to Prevent Genocide will be an important
read for both academics and students of international law and
politics who wish to further understand the legal nature of the
duty of the P5 members to prevent genocide. It will also provide
valuable insights for policymakers of the P5 member states.
The history of international law is replete with concepts that have
generated change: individual criminal responsibility, common
heritage of mankind and sustainable development to name but a few.
These are concepts that have influenced the scope, structure and
purpose of international law. This book explores the extent to
which Responsibility to Protect (R2P) possesses the same
transformative potential, showing how R2P shifts our understanding
of both the potential and practice of international law.
Responsibility to Protect is both an ambitious and an ambiguous
concept in international law. Ambiguity creates space for debate
and the potential for legal development, but it may also generate
misunderstanding, false expectations and uncertainty. Despite its
ambiguity, R2P has quickly found a place within international legal
texts. At the same time its ambiguity or rather the tensions the
concept generates has also helped generate an enormous range of
scholarship. This collection of essays presents a more fundamental
critical evaluation of R2P, exploring how it interacts with
existing concepts and values, and how this influences normative
developments within international law. In particular, the essays
explore the influence of R2P upon sovereignty as responsibility,
the continued advance of positive human rights obligations and the
safeguarding of international community interests.These themes are
explored in a range of essays written by new and established
scholars. The essays explore the moral and political foundations of
R2P, the expansion of R2P to non-state actors, and the interaction
between R2P and certain branches of international law, such as use
of force, responsibility as liability, humanitarian law and
international criminal law.
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