The Responsibility Not to Veto Revisited: How the Duty to Prevent Genocide as a Jus Cogens Norm Imposes a Legal Duty Not to Veto on the Five Permanent Members of the Security Council
R. Barnes and V. Tzevelekos (eds.), Beyond Responsibility to Protect: Generating Change in International Law (March 28, 2016)
12 Pages Posted: 17 Sep 2016
Date Written: March 28, 2016
This paper addresses how the duty to prevent genocide, as a jus cogens norm, legally affects the voting behavior of the five permanent members of the Security Council (P5). In particular, this paper argues that the duty to prevent genocide requires the P5 to vote for - and not veto - draft Security Council resolutions aimed at preventing an imminent or ongoing genocide.
Keywords: responsibility not to veto, duty to prevent genocide, the P5, jus cogens
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