Explaining state cooperation with the international criminal courts and tribunals

  • Eva Jakusova

Student thesis: Doctoral Thesis

Abstract

The dissertation applies an innovative interdisciplinary design to explain which conditions or combinations of conditions are causally relevant for effective state cooperation with international criminal courts and tribunals. I answered the research question by conducting two empirical analyses.The first study places states at the centre of the analysis. The literature review identified six conditions: court independence; court outreach; international interests (such as the threat of sanctions or the promise of membership of an international organisation); the proximity of suspects to the state’s political or military elite; the state’s institutionalisation of relevant law; and government stability. These conditions were divided into two groups, according to their proximity to the state. It was then possible to analyse how different constellations of court outreach and international interests interact with state level conditions (government stability, institutionalisation and proximity of suspects to elites).The qualitative comparative analysis (QCA) relies on an original dataset of 34 cases related to the cooperation of Kenya, Uganda, Serbia and Croatia cooperation with the International Criminal Court and the Yugoslav Tribunal was created. By using two-step QCA to account for the interactions of conditions, the dissertation answers the question of which tools might be used to promote cooperation. Two pathways sufficient for cooperation were identified.The results indicate that even when proximity of suspects to elites is significant, cooperation can be achieved when international pressure combines with outreach and a high level of ICL institutionalisation. The second pathway suggests that cooperation follows when suspects do not hold high-level leadership positions. Even in this situation, international pressure and outreach play a role.The second analysis, a small-n QCA of five human rights and international criminal courts, assessed whether court independence has an influence on cooperation. The results suggest that independence positively affects cooperation only in presence of a contextual factor, high degree of norm socialisation among state parties.
Date of Award1 Nov 2013
LanguageEnglish
Awarding Institution
  • University Of Strathclyde
SupervisorWolfgang Rudig (Supervisor) & (Supervisor)

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