International Criminal Justice and the Politics of Compliance

Lamont, Christopher K.

doi:10.4324/9781315589367

Cited by 22 publications

(11 citation statements)

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“…Compliance with international justice requirements, therefore, should not be seen as a sign of norm internalisation, but as a result of complex domestic political bargaining (Peskin 2008;Lamont 2009). This is consistent with research in the broader field of human rights, which has demonstrated that states ratify international human rights treaties even when they have very little intention of actually implementing the treaty requirements (Cardenas 2007;Hafner-Burton and Tsutsui 2007;Hathaway 2007).…”

Section: Normative Divergence Of International Transitional Justicementioning

confidence: 99%

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Subotić

2015

J Int Relat Dev

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The article contributes to the 'second wave' norm diffusion literature by offering a new theoretical lens through which to explain unexpected policy outcomes of international normative interventions. Specifically, the article aims to challenge the international norms scholarship by questioning what power international norms actually have in domestic politics of adopting states. To answer this question I analyse the process of diffusion, contestation, and localisation of transitional justice norms -ways of dealing with legacies of past violence -in the Western Balkans. I choose three principal transitional justice concepts -truth, justice, and reconciliation -and analyse how their local meaning in the Western Balkans diverged normatively from that of international transitional justice advocates, and to what political effect. I trace the processes of normative divergence of international transitional justice norms to demonstrate how the domestic understanding of international norms produced new meanings and practices and fundamentally challenged the principal assumptions behind the global governance of post-conflict reconstruction.

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Section: Normative Divergence Of International Transitional Justicementioning

confidence: 99%

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Subotić

2015

J Int Relat Dev

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“…While not all such individuals have agreed with all the Tribunal's decisions (many have criticized some of the sentences as too lenient), there is generally widespread support for the ICTY. Not so among the Serbs and Croats (Peskin, 2005(Peskin, , 2008UN Development Program Early Warning System Special Report, 2005;Arzt, 2006;Hatay, 2005;Lamont, 2010). The Serbs, in particular, have found time and again that the Court has judged that their ethnic brethren were responsible for some of the worst crimes committed in Europe since the Holocaust, and have accordingly criticized the ICTY for what they perceive to be a one-sided attribution of blame.…”

Section: Identity and Group Narrativesmentioning

confidence: 95%

Explaining public opinion on international criminal justice

Meernik

2014

Eur. Pol. Sci. Rev.

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Despite the fact that international courts have proven popular in the last 20 years, systematic and empirical inquiry to determine whether they are beginning to realize their objectives is a fairly recent phenomenon. Support among the publics in the affected countries is critical to their success for, as deGuzman writes, '… the globalization of communications increasingly means that an institution's legitimacy depends on the opinions of ordinary citizens around the world'. I develop a theory of public opinion regarding international criminal justice and test it on support for the International Criminal Tribunal for the former Yugoslavia (ICTY), among peoples of the former Yugoslavia. I contend that support for the ICTY is filtered through individuals' perceptions of the past, present, and future. As one's beliefs about whether conditions are good or improving grow more positive, such positive perceptions are generalized to extend to international institutions that play a major role in shaping those conditions. In addition, I argue that support for the ICTY is strongly influenced by an individual's views of the legitimacy and morality of the law. Ethnicity is also important in differentiating levels of support across the peoples of the former Yugoslavia.

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“…As stated by Carla Del Ponte, former Chief Prosecutor with the ICTY, '90 per cent of all indictees brought to justice [before the ICTY] are a direct result of conditionality applied by the EU' (cited in Hartmann 2009: 67). This conditionality approach, however, has not proven effective at all times, and for different reasons (Dobbels 2009;Lamont 2010). At the domestic level, the diffusion of the ICTY prescriptive norms was first met with resistance by a series of veto players.…”

Section: The Eu Amplifies the Prescriptive Power Of The Icty In Intermentioning

confidence: 98%

Building European security in the Western Balkans: the diffusion of European norms in the context of inter-organisational interactions

Marciacq

2015

J Int Relat Dev

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European security is not the preserve of the European Union (EU). Other international organisations (IO) participate actively in the diffusion of European norms, ideas and practices. And yet, the impact of the EU-IOs interactions on domestic processes often fails to attract the attention of researchers. This article claims that the meaning ascribed to international norms in security matters is also constituted by the inter-organisational context in which the diffusion takes place. On the basis of the analysis of the EU's conditionality dialogue with the chosen Western Balkan states, the article examines, first, how the EU, in international justice, amplifies the prescriptive power of the International Criminal Tribunal for the former Yugoslavia (ICTY) and how conditionality induces full compliance in this area; second, how the EU, in security and defence, conveys NATO norms and standards, promotes technical and political cooperation with the Alliance and, thus, indirectly fosters NATO accession; and third, how the EU, in multilateral diplomacy, distorts the principles and practices of the Organisation for Security and Cooperation in Europe (OSCE) by expecting Western Balkan states to relinquish their commitment to sovereign equality, thereby stirring up confusion in diffusion patterns. The findings suggest that the EU-IOs interactions and norm trajectories contribute to explain diffusion patterns in international security matters.

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International Criminal Justice and the Politics of Compliance

Cited by 22 publications

References 0 publications

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Explaining public opinion on international criminal justice

Building European security in the Western Balkans: the diffusion of European norms in the context of inter-organisational interactions

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