Protecting the World from Genocide? A Comparative Analysis of the Responsibility to Protect and the International Criminal Court

Abstract

In a world plagued by human rights abuses and genocide, it is essential that the international community has strong and effective institutions. Such institutions would allow the international community to enforce the accepted international norms condemning both human rights abuses and genocide. This paper focuses specifically on two such institutions: the Responsibility to Protect doctrine and the International Criminal Court, and seeks to explain why the International Criminal Court has a stronger institutional form and greater international acceptance than the Responsibility to Protect doctrine. This discussion begins with a look at the historical development of the genocide regime and how this development affects the International Criminal Court and the Responsibility to Protect doctrine. Next the form and strength of these institutions are analyzed. Finally, an institutional explanation, Elite Theory, and the Multiple Streams Model are used to explain the strength and acceptance of the International Criminal Court within the international system. The paper concludes with a discussion of possible consequences of these differing institutional forms.