THE INTERNATIONAL CRIMINAL COURT (ICC

January 5, 2018 | Author: Anonymous | Category: Social Science, Political Science
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ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW

Paul F. Diehl Political Science and Law University of Illinois

Overview 

The Need for Compliance Mechanisms



Basic Compliance Mechanisms



International and Domestic Legal Structures andProcesses

Compliance Mechanisms 

1. “Habit”   



Professional Militaries Less Professional Militaries Rebel Groups, Militias, Mobs

2. Reciprocity  

POW Treatment Problems of Asymmetry

Compliance (con’t) 

3. Reputation (“diffuse reciprocity”) 



“shadow of the future”

4. Direct Enforcement  

Institutional capability Institutional willingness

LEGAL STRUCTURES: INTERNATIONAL COURT OF JUSTICE 

     

VIOLATIONS ADJUDICATED – PLANTIFF V. DEFENDENT LIMITATIONS ONLY STATES CAN BE PARTIES OPTIONAL CLAUSE EXCEPTIONS PREFERENCE FOR LOW POLITICS TIME CONSUMING ENFORCEMENT DEPENDS ON UNSC

LEGAL STRUCTURES: INTERNATIONAL CRIMINAL COURT 

122 state parties Notable Exceptions: US, Russia (signed not ratified), China, Israel, All Arab states (except Jordan), Pakistan 





Case Referral  By Member States or Security Council Jurisdiction  Prosecute Individuals, not States  Genocide, War Crimes, Crimes against Humanity, Aggression

Crimes on Territory of Member or Person is a National of a State Party (or Security Council refers the case) 



Current Cases  Uganda, Congo, Darfur, Central African Republic, Mali, Kenya

ICC Limitations   

 

Small Set of Crimes Cooperation of States Apprehension of Suspects Very Slow Creates Perverse Incentives for Leaders

LEGAL STRUCTURES: DOMESTIC COURTS 



Jurisdiction: Territorial, Nationality, or Universal Limitations  

Must have appropriate domestic laws Must be willing and able to prosecute

POLITICAL STRUCTURES: UN HUMAN RIGHTS COUNCIL



47 member states Investigates and reports on abuses Normative power



Limitations

 

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no reciprocity incentive (opposite is true) source of UN information - government themselves Politicized membership (major violators are members)

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