Early Non-Military Intervention to Prevent Atrocity Crimes

Authors

Sarah Lesser, Benjamin N. Cardozo School of Law

Abstract

This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have been used to resolve situations of violent conflict, and analyzes the differences and similarities between those situations and the circumstances described in Risk Factor 7. The primary purpose of this section is to examine the various Alternative Dispute Resolution ("ADR") mechanisms that have been used in the past to combat violent conflict. Lastly, Section IV outlines what an interventionist system of victim-offender mediation and negotiation based on Risk Factor 7 of the U.N. Framework of Analysis would look like; discusses the potential effectiveness of such a system; and addresses what added value such a mechanism would have to the "preventative toolbox."

Disciplines

Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | International Law | Law | Military, War, and Peace

Recommended Citation

Sarah Lesser, Early Non-Military Intervention to Prevent Atrocity Crimes, 19 Cardozo J. Conflict Resol. 129 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol19/iss1/9