Saturday, September 22, 2018

Lovat: International Criminal Tribunal Backlash

Henry Lovat (Univ. of Glasgow - Law) has posted International Criminal Tribunal Backlash (in The Oxford Handbook of International Criminal Law, Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin, & Darryl Robinson eds., forthcoming). Here's the abstract:
The post-Cold War establishment of a series of international criminal tribunals stands as a signal achievement in the recent history of international law. Over time, however, the enthusiasm and optimism that accompanied the establishment of these courts has waned, with tribunals facing fading confidence and, in some cases, backlash from important constituencies. The present chapter provides an overview of historical and more recent examples of opposition to international criminal tribunals, before critically considering recent literature on tribunal backlash and proposing a working definition of this phenomenon. Drawing on the recent pluralist turn in International Relations theory, it then identifies a set of potential drivers/inhibitors of backlash against international criminal tribunals, providing a theoretical taxonomy enabling structured comparison of the dynamics of backlash in the contexts of permanent (the International Criminal Court), ad hoc (the International Criminal Tribunal for the Former Yugoslavia), and hybrid (the Special Tribunal for Lebanon) tribunals. Concluding observations compare the three sets of experiences and identify paths for future research.