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States and private entities interact across borders. International and regional organizations affect the lives of indivi...

Global Justice

Wooden justice gavel and block with brass

States and private entities interact across borders. International and regional organizations affect the lives of individuals by taking targeted decisions. When things go wrong, people turn to justice – Global Justice. GGI’s Global Justice section is designed to produce in-depth analysis and targeted answers on all questions of international law in order to promote the rule of law – globally. Furthermore, our analysts focus on innovative approaches and legal developments at the intersection of law, economics, peace and security and environmental concerns. Our current research and advice projects focus on the following: Responsibility to Protect, Maritime Governance, International Arbitration & Mediation, and International Trade 



GGI Analysis: The Responsibility to Protect (R2P) and the Responsibility while Protecting (RwP) - Friends or Foes?

Author Kolb

September 2012

Since its endorsement at the 2005 World Summit of the United Nations, the “responsibility to protect” (“R2P”) has become a key concept on the prevention of atrocity crimes.

It rests on three pillars: the protection responsibilities of the individual states, international assistance as well as timely and decisive collective action. Parts of the concept have remained controversial, in particular the third pillar which comprises military force as the means of last resort. In late 2011, the notion of the “responsibility while protecting” (“RwP”) was introduced by Brazil.A Brazilian concept paper on the responsibility while protecting indicates a series of principles, parameters and procedures, most of which constrain recourse to the use of force and partly even to pillar three action more generally. On September 5, 2012, the General Assembly is scheduled to hold its informal interactive dialogue on the report that has recently been submitted by Secretary-General Ban Ki-moon on the third pillar of the responsibility to protect. In the run-up to this debate, the Global Governance Institute takes a look at the impact which the initiative on the responsibility while protecting may have, or has already had, on the concept of the responsibility to protect and its implementation.

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Global Justice
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GGI Briefing Paper: Widening the Huntress’s reach: Legal and Strategic Aspects of a New Atalanta Mandate

Author Salomon

April 2012

The Council of the European Union decided to extend the ATALANTA mandate geographically to include Somali coastal territory and internal waters on the 23rd of March 2012 in its Council Decision 2012/174/CFSP. This decision, which still needs the sanction of national parliaments to allow all ATALANTA forces to act accordingly, has been the subject of criticism ever since. This briefing paper examines some of the questions raised in this context. It adresses the challenges against the legality of the new mandate and arrives at the conclusion that it is, in fact, legal under international law with respect to Somali sovereignty and the applicable human rights law. The brief also comments on the strategic drawbacks of the widened mandate. Despite all of these shortcomings, it is the authors conviction, that the new mandate, if implemented carefully, will add to the toolbox of the ATALANTA forces a tool, which will prove to be useful in the struggle against Somali piracy.

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Global Justice
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GGI Analysis: A democratic justification for military and nonmilitary humanitarian intervention

Author Aloyo

April 2012

This paper presents a novel account of military and nonmilitary humanitarian intervention that unites two central and ostensibly competing strands in the literature on state sovereignty and the moral permissibility of humanitarian intervention. The first account, associated with Michael Walzer, holds that the right to collective self determination is morally important enough to override justifications for intervention except for rare cases. The second, more permissive account, associated with Walzer’s critics such as Charles Beitz and David Luban, justifies infringing on state sovereignty under certain circumstances to guarantee human rights. The paper reconcile these two accounts by arguing that if everyone has a right to democracy, then a robust list of rights – what are called basic democratic rights – must be secured to actually guarantee the right to democracy. This provides a qualified justification for intervention grounded in individual rights, and, at the same time, in collective self-determination. To make this argument, it draws on and criticizes aspects of just war theory and the literature on state sovereignty. Because nonmilitary humanitarian intervention may be far less costly in human and material expenditures to the intervener than military humanitarian intervention typically is, whereas military humanitarian intervention may be permissible but not required, many nonmilitary humanitarian interventions are duties. After constructing this moral theory, the paper then considers how it can be legally implemented under current international law.

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Global Justice
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The International Criminal Court and Kenya’s Post-election Violence

Author Okwara

July 2011

This GGI Analysis Paper provides a preliminary assessment of a case at the International Criminal Court (ICC) against six Kenyans accused of crimes against humanity. The paper suggests that while the ICC process in relation to the country has been both roundly denunciated and applauded, there is some nascent evidence to suggest that it has marked a crucial step in the evolution of the Court as “complementary to national criminal jurisdictions.”1 Furthermore, Kenya’s case is providing an acute test of the Rome Statute’s controversial, yet unquestionably precedent-setting Article 15 provisions that have allowed the Prosecutor to exercise powers of initiating investigations proprio motu, in addition to providing for civil society participation in informing that decision. It will be argued that the Kenyan situation provides a significant milestone and illuminating example of how the Court can influence State Parties on the long road towards justice and good governance.

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Global Justice
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