Deterrence, Norm Socialization, and the Empirical Reach of Kathryn Sikkink's The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics

Mendeloff, David

doi:10.1080/14754835.2012.675502

Cited by 3 publications

(1 citation statement)

References 6 publications

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“…If the decision to participate in a crime is influenced by cost-benefit calculations, in this view, crime can be prevented when anticipated costs of crime are unacceptably high. Critics contend that it is difficult to sustain the claim that would-be war criminals will expect to pay a price for their actions in light of the unpredictabilities and asymmetries of war crimes prosecutions (Mendeloff, 2012;Wippman, 1999 ). Even international tribunals remain dependent upon the support and cooperation of reluctant state leaders, governments, and militaries to secure defendants and evidence (Peskin, 2008;Subotic, 2009).…”

Section: The Dark Sides Of Obediencementioning

confidence: 99%

Justice and the faithless: The demand for disobedience in international criminal law

Leebaw

2017

European Journal of International Relations

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How is disobedience required under international criminal law? How do war crimes trials demand and seek to cultivate disobedience as a response to atrocity? It is widely recognized that international law may require disobedience as a response to domestic authorities that order or legalize war crimes, yet this obligation to disobey is commonly conceptualized as a kind of byproduct of efforts to establish compliance with international norms. Drawing on empirical and theoretical scholarship analyzing “crimes of obedience,” this article investigates the demand for disobedience as articulated in international legal conventions and in war crimes trials dealing with lower-level soldiers and civilian authorities. It argues that disobedience is an important response to war crimes and that the capacity to disobey abusive authorities does not follow logically or inevitably from a commitment to obey laws that criminalize their abuses. In international criminal law, the obligation to disobey abusive authorities has been articulated in ways that require the exercise of critical judgment, as well as moral and political agency, in order to overcome various pressures to obey domestic authority. Prominent theoretical explanations of compliance with international law not only neglect the importance of such skills, but call for strategies that are in tension with their development. Closer attention to the role of exemplary disobedience in the legal reasoning animating war crimes prosecutions, I suggest, could strengthen the pedagogical role of legal institutions as a response to criminal obedience and as interventions in the politics of memory.

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Section: The Dark Sides Of Obediencementioning

confidence: 99%

Justice and the faithless: The demand for disobedience in international criminal law

Leebaw

2017

European Journal of International Relations

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Punish or Persuade? The Compellence Logic of International Criminal Court Intervention in Cases of Ongoing Civilian Violence

Mendeloff

2017

International Studies Review

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Systematic Review of the Causes of Latin American States' Compliance With International Human Rights Law

Danceanu¹

2019

Human Rights Quarterly

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Deterrence, Norm Socialization, and the Empirical Reach of Kathryn Sikkink's The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics

Cited by 3 publications

References 6 publications

Justice and the faithless: The demand for disobedience in international criminal law

Justice and the faithless: The demand for disobedience in international criminal law

Punish or Persuade? The Compellence Logic of International Criminal Court Intervention in Cases of Ongoing Civilian Violence

Systematic Review of the Causes of Latin American States' Compliance With International Human Rights Law

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