Calling the Veto Use into Question: Do Genocide and Mass Atrocities Constitute Exceptions?

Mr Mohammad Pizuar Hossain1

1Monash University (Australia), Clayton, Melbourne, Australia

Biography:

Mohammad Pizuar Hossain pursues a PhD in International Law at Monash University in Melbourne, Australia. He is employed as a Senior Lecturer in Law (currently on study leave) at East-West University in Dhaka, Bangladesh. He is a Chevening Scholar at the University of Edinburgh in Scotland, the UK. He serves as an Advisory Board Member of the International Association of Genocide Scholars (IAGS). He participated in COST CA18228 of the Global Atrocity Justice Constellations (European Union) as a contributor of international criminal justice data from Bangladesh. His research interests lie at the crossroads of International Law, Genocide Studies, and Criminology.

Abstract:

A number of countries, for example, Myanmar, Chechnya, Colombia, Iran, Syria, Palestine, and Sri Lanka have all experienced instances of severe human rights violations and mass atrocities, including genocide, crimes against humanity, and war crimes, since the International Criminal Court (ICC) established temporal jurisdiction in July 2002. Nevertheless, the Rome Statute of the ICC has not been ratified by any of these nations, with the exception of Colombia and Palestine, since early 2015. In addition, the United Nations Security Council has not played any active role in referring any of these situations to the ICC. In effect, certain states demonstrate a pattern of impunity, such as Myanmar’s decade-long persecutions of the Rohingya ethnic group. This study examines the colonial nature of the United Nations Security Council and how it becomes paralysed in the face of genocide and other atrocities largely due to the use of veto power, among other factors. It argues whether veto power should be out of use in the case of genocide and other atrocity crimes. The aims of this study can be achieved through a thorough review and analysis of the scholarship on international law and the Third World Approaches to International Law.