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Explaining National Support for Supranational Authority in Criminal Justice: A Global Analysis of Policies toward the International Criminal Court

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Abstract:

A series of mass atrocities since the early 1990s has escalated demands for the creation of supranational courts and tribunals, and thus highlighted the tremendous variation in national support for such institutions. The paper analyzes the conditions under which states agree to transfer sovereignty over criminal justice to supranational authorities. It treats states? policies toward the International Criminal Court as a proxy for their general attitude in this regard. As we demonstrate in the paper, standard Realist and Liberal theories of international relations cannot explain the pattern of support/non-support that we observe among the world?s 193 states. Instead, we develop a Constructivist theory of interest formation which argues that interactions with regional human rights courts (European or inter-American) transform political attitudes and judicial procedures in the states that join them. In turn, this "institutional learning" makes such states more likely to accept or support supranational authority in criminal matters. (Human rights courts focus on the actions and legal duties of states, while criminal courts focus on the actions and duties of individuals.) The analysis uses both qualitative and quantitative methods and a database on national involvement in regional human rights courts and national policies toward the International Criminal Court that we constructed.

Most Common Document Word Stems:

state (144), intern (118), court (115), icc (97), right (83), human (73), european (48), countri (46), crimin (45), theori (42), institut (41), democraci (40), sovereignti (35), polit (34), 33 (34), page (33), nation (33), american (33), would (29), law (29), new (28),

Author's Keywords:

International Criminal Court,ICC,Institutional Learning,Constructivist,Human Rights
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Name: International Studies Association
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http://www.isanet.org


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MLA Citation:

London, Daniel. "Explaining National Support for Supranational Authority in Criminal Justice: A Global Analysis of Policies toward the International Criminal Court" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p100841_index.html>

APA Citation:

London, D. , 2006-03-22 "Explaining National Support for Supranational Authority in Criminal Justice: A Global Analysis of Policies toward the International Criminal Court" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA Online <APPLICATION/PDF>. 2009-05-25 from http://www.allacademic.com/meta/p100841_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: A series of mass atrocities since the early 1990s has escalated demands for the creation of supranational courts and tribunals, and thus highlighted the tremendous variation in national support for such institutions. The paper analyzes the conditions under which states agree to transfer sovereignty over criminal justice to supranational authorities. It treats states? policies toward the International Criminal Court as a proxy for their general attitude in this regard. As we demonstrate in the paper, standard Realist and Liberal theories of international relations cannot explain the pattern of support/non-support that we observe among the world?s 193 states. Instead, we develop a Constructivist theory of interest formation which argues that interactions with regional human rights courts (European or inter-American) transform political attitudes and judicial procedures in the states that join them. In turn, this "institutional learning" makes such states more likely to accept or support supranational authority in criminal matters. (Human rights courts focus on the actions and legal duties of states, while criminal courts focus on the actions and duties of individuals.) The analysis uses both qualitative and quantitative methods and a database on national involvement in regional human rights courts and national policies toward the International Criminal Court that we constructed.

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Associated Document Available Political Research Online
Associated Document Available International Studies Association

Document Type: application/pdf
Page count: 33
Word count: 9357
Text sample:
Page 1 of 33 Explaining National Support for Supranational Authority in Criminal Justice: A Global Analysis of Policies toward the International Criminal Court Daniel London Paper presented at the annual meeting of the International Studies Association San Diego California (22 March 2006). I would like to thank Daniel C. Thomas for his helpful guidance and assistance with this paper. Page 2 of 33 I. Introduction In the six decades since the Second World War supranational judicial bodies have sprung
New York: Council on Foreign Relations. Sohn Louis (1982). “The New International Law: Protection of the Rights of Individuals Rather Than States.” American University Law Review Vol. 32 1. Turns David (2004). “National Implementation of the Rome Statute ” in McGoldrick Rowe and Donnelly (eds.) The Permanent International Criminal Court: Legal and Policy Issues Portland: Hart Publishing. Waltz Kenneth (1979). Theory of International Politics. [Reprinted in Robert O. Keohane (ed.) Neorealism and Its Critics New York: Columbia University Press


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National Human Rights Institutions: A New Actor in International Human Rights Politics?


 
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