Abstract

http://ssrn.com/abstract=1476939
 
 

Footnotes (93)



 


 



Criminalizing Humanitarian Intervention


Sean D. Murphy


George Washington University - Law School

September 22, 2009

Case Western Reserve Journal of International Law, Vol. 41, p. 341, 2009
GWU Legal Studies Research Paper No. 474
GWU Law School Public Law Research Paper No. 474

Abstract:     
The States Parties of the International Criminal Court (ICC) will likely vote in 2010 on whether to amend the Rome Statute to allow the ICC to prosecute the crime of aggression. If a robust amendment is widely ratified by states, and if the mechanism for triggering ICC jurisdiction in a particular situation is the ICC itself, then the ICC may emerge as an important voice in the debate over the legality of humanitarian intervention taken without Security Council authorization. Prosecutions, or at least indictments, of leaders of those interventions would considerably strengthen the hand of those who regard such intervention as illegal. Yet an unwillingness on the part of the ICC to indict and prosecute those leaders - an outcome that seems likely for incidents of true humanitarian intervention - may lend considerable credence to the view that such intervention is lawful, as well as define the conditions that characterize such intervention.

Number of Pages in PDF File: 33

Keywords: International Criminal Court, Aggression, Humanitarian Intervention, Rome Statute

JEL Classification: K14, K33

Accepted Paper Series





Download This Paper

Date posted: September 22, 2009  

Suggested Citation

Murphy, Sean D., Criminalizing Humanitarian Intervention (September 22, 2009). Case Western Reserve Journal of International Law, Vol. 41, p. 341, 2009; GWU Legal Studies Research Paper No. 474; GWU Law School Public Law Research Paper No. 474. Available at SSRN: http://ssrn.com/abstract=1476939

Contact Information

Sean D. Murphy (Contact Author)
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-8763 (Phone)
202-994-5654 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,164
Downloads: 271
Download Rank: 66,522
Footnotes:  93

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds