A Return to<i>Communitarianism</i>? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law
Bibliographic record
Abstract
Summary Discussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.012 | 0.018 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.000 |
| Science and technology studies | 0.003 | 0.019 |
| Scholarly communication | 0.015 | 0.009 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.009 | 0.011 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".