STRENGTHENING THE RESPONSIBILITY TO PREVENT: REFORMING THE UNITED NATIONS' GENOCIDE AND MASS ATROCITY PREVENTION EFFORTS THROUGH EMPHASIS ON RULE OF LAW

摘要

Since the end of World War II, the international community has vowed to "never again" sit back while genocide unfolds. Nevertheless, the international community has struggled to respond to humanitarian conflict and genocide in a timely manner, if it responds at all. The United Nations Responsibility to Protect Doctrine (RtoP) was adopted in 2005 in an effort to strengthen the international response to genocide and mass atrocities. However, whether the doctrine has actually improved international response is questionable. As such, this Note proposes a renewed focus on the prevention of genocide and mass atrocities within the framework of RtoP. Furthermore, this Note explores why and how rule of law initiatives should be used as a mechanism for prevention in conjunction with the U.N.'s current early warning regime. Thus, this Note argues for an explicit connection between rule of law and genocide prevention in a formal and institutionalized way. By connecting the two, the U.N.'s prevention mechanisms can move beyond rhetoric and further strengthen the legitimacy of RtoP itself.