Mahmood Mamdani, ‘Responsibility to Protect or Right to Punish?’, Journal of Intervention and Statebuilding 4, 1 (2010)

Abstract

This essay argues that the new global regime of R2P bifurcates the international system between sovereign states whose citizens have political rights, and de facto trusteeship territories whose populations are seen as wards in need of external protection. Under the direction of the UN Security Council, the International Criminal Court has become an integral part of the international R2P regime by allowing for the legal normalization of certain types of violence (such as Western counterinsurgency efforts), while arbitrarily criminalizing the violence of other states as ‘genocide’. In place of this unequal global regime, the essay concludes by arguing for an internally-driven process of political reform and legal reconciliation, as pioneered in South Africa.

Keywords: Darfur; genocide; humanitarian intervention; International Criminal Court (ICC); sovereignty