Bombs, Trials, and Rights: Norm Complexity and the Evolution of Liberal Intervention Practices

Fehl, Caroline

doi:10.1353/hrq.2019.0066

Cited by 8 publications

(3 citation statements)

References 37 publications

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“…Furthermore, an attentional effect was at play when the norm of democracy promotion, while not being consciously prioritised higher, nevertheless directed the attention of the EU decisionmakers towards democracy-related policy goals, obscuring the threat of atrocities. To explore the broader question of whether increasing reactive obligations have omissive effects on preventive obligations might be a promising direction in the study of the complex of accountability and prosecution norms (Fehl, 2019(Fehl, , 2023.…”

Section: An Agenda For Further Researchmentioning

confidence: 99%

Effects of international norms: A typology

Rosert

2023

Journal of International Political Theory

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The constructivist research programme on international norms has demonstrated convincingly that, how, and why norms matter. Norms have been shown to constitute the identity of actors, to guide their behaviour into desired directions, and, altogether, to generate the normative basis of the international system. In the course of this intensive debate, its main concepts, such as the question of what constitutes a norm or different norm types, became fuzzy. Also, while the focus on the intended effects of norms certainly encompasses an essential part of the phenomenon, their unintended effects have been largely neglected. Motivated by these shortcomings, the article presents a new systematisation of effects of norms. The typology developed here discerns two types of intended effects, namely prohibitive and obligative effects, as well as two corresponding types of unintended effects, namely permissive and omissive effects.

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Section: An Agenda For Further Researchmentioning

confidence: 99%

Effects of international norms: A typology

Rosert

2023

Journal of International Political Theory

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“…In addition to engaging debates on international criminal justice, I make a conceptual contribution to IR scholarship on international norms. Specifically, I build on recent research emphasizing the interconnectedness of norms, including norm collisions (Buitelaar and Hirschmann, 2021; Gholiagha et al, 2020; Peltner, 2017; Saltnes, 2017), norm clusters and complexes (Lantis and Wunderlich, 2018; Orchard, 2020; Winston, 2018), complex and hybrid norms (Fehl, 2019; Lesch, 2021) and permissive effects between norms (Rosert, 2019).…”

Section: Introductionmentioning

confidence: 99%

Protect and punish: norm linkage and international responses to mass atrocities

Fehl

2023

European Journal of International Relations

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Since being founded in 2002, the International Criminal Court has frequently intervened in ongoing conflicts and alongside other forms of coercive intervention, specifically sanctions and military measures. In this article, I argue that this pattern has been enabled by governments engaging in strategic norm linkage. To justify their positions on both judicial and non-judicial interventions, governments have discursively linked international prosecutions to the protection of civilians – in specific ways that have favoured joint judicial and non-judicial crisis responses. My argument, which I test through qualitative and quantitative content analyses of UN Security Council debates, contributes not only to debates on the politics of international criminal justice, but also to general theory-building on international norm dynamics. Adding to recent research on norm complexity and norm interactions, my study underlines and disaggregates the potential for discursive agency at the intersection of multiple international norms.

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“… 2. But there are notable exceptions. See, for example, Fehl (2019), who examines the tensions between military humanitarian interventions and judicial mechanisms involving international criminal tribunals. Through a process of norm “hybridization,” the two modes of dealing with large-scale human rights abuses have come to be seen as largely complementary. …”

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confidence: 99%

Why norms rarely die

Percy

Sandholtz

2022

European Journal of International Relations

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Significant challenges to core international norms have prompted debate over whether or not norms decay, decline, or die. We argue that claims of norm death are empirically incorrect and theoretically misleading. Norms rarely die, and the processes that happen instead are far more complex. The idea of norm death embodies two misconceptions borne out of methodological incentives in empirical constructivism; that norms are single entities that exist separately from larger structures, and that compliance is the most effective way to measure if a norm is under challenge. We argue that the literature on “norm death” epitomizes the pitfalls of this approach, and as a result neither empirically or theoretically captures what happens when norms are under challenge. Norms are fundamentally resilient and can withstand even high levels of non-compliance. We examine four cases of alleged norm death—the norms against mercenary use, unrestricted submarine warfare, and torture, and the norm requiring declarations of war—and demonstrate that in these cases norms are not disappearing, but are rather subject to processes of obsolescence, replacement, and modification. We further argue that once we recognize that norms are embedded in wider structures, and move away from the notion that compliance indicates norm strength, it is possible to see why norms are generally resilient.

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Bombs, Trials, and Rights: Norm Complexity and the Evolution of Liberal Intervention Practices

Cited by 8 publications

References 37 publications

Effects of international norms: A typology

Effects of international norms: A typology

Protect and punish: norm linkage and international responses to mass atrocities

Why norms rarely die

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