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Promoting Peace Through International Law$
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Cecilia Marcela Bailliet and Kjetil Mujezinovic Larsen

Print publication date: 2015

Print ISBN-13: 9780198722731

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198722731.001.0001

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The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest

The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest

Chapter:
(p.344) 17 The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest
Source:
Promoting Peace Through International Law
Author(s):

Gentian Zyberi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198722731.003.0017

The maintenance or restoration of interstate and intrastate peace is an essential community interest, clearly embedded in both treaty and customary international law and pursued through different institutional mechanisms and procedures, including international courts (ICs) and tribunals. By settling interstate disputes, advising international organizations, or investigating and prosecuting those most responsible for having committed mass atrocity crimes, ICs can potentially create the necessary conditions for the normalization of relations between states or between affected parts of a society in a post-conflict situation. This chapter discusses the role and contribution of principal ICs, which through their case law have developed and interpreted important aspects of state responsibility and the scope of relevant legal obligations incumbent upon states, international organizations, and individuals. Despite their potential and eventual contribution, past and recent history shows that the role of ICs in maintaining or restoring peace remains limited.

Keywords:   international courts, ICs, interstate and intrastate peace, community interests, state responsibility

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