Can the International Criminal Court contribute to the Responsibility to Protect?

The Responsibility to Protect (R2P) norm asserts that states have duties beyond their borders to help avoid, respond to, and prevent recurrence of circumstances that produce massive human rights violations. Actions undertaken to implement those duties can include aid, reform, or more muscular involvements. The need for such engagement implies that the target state’s government is losing or has lost its legitimacy. Labeling by the International Criminal Court (ICC) of a conflict as a ‘situation’ under its purview asserts that large-scale crimes are likely taking place for which individuals should be held accountable. This should trigger R2P considerations. However, the fit between R2P and the ICC is uncomfortable. Although the ICC may appear a useful tool for R2P, forays into the politics of R2P by the ICC are undertaken at its peril. Moreover, so far, the ICC has not clearly had positive effects upon conflict. While the ICC can be idealized as a contributor to R2P, coordination is formally non-existent and the Court’s protection effects are ambiguous. [ABSTRACT FROM AUTHOR]