The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest
G. Zyberi, ‘The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest’, in Cecilia M. Bailliet and Kjetil Mujezinović Larsen (eds.), Promoting Peace Through International Law (Oxford University Press, 2015), pp. 342-365.
25 Pages Posted: 13 Feb 2015
Date Written: January 29, 2015
This chapter will first discuss the role and contribution of ICs with regard to promoting, maintaining or restoring peace, as a community interest, within the larger legal and institutional framework of the international legal system. The second aim of this chapter is to analyze the contribution of these courts to clarifying different aspects of State responsibility, the responsibility of international organizations, as well as individual responsibility with regard to promoting, maintaining or restoring peace. The issues selected for a more detailed discussion include the prohibition of the unlawful use of force and non-intervention, the duty to prevent mass atrocities, the duty to investigate and punish perpetrators thereof, and duty to cooperate with international criminal courts and tribunals. By analyzing relevant case law and referring to legal findings of these ICs, this chapter tries to shed light on different components of required conduct for individual States, third States, international organizations and non-state actors more generally.
Keywords: peace, international law, international court of justice, ad hoc international tribunals, international criminal court
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