By Yvonne Dutton
In this new paintings, Dutton examines the ICC and even if and the way its enforcement mechanism affects kingdom club and the court’s skill to gain treaty targets, reading questions such as:
- Why did states choose to create the ICC and layout the establishment with this uniquely powerful enforcement mechanism?
- Will the ICC’s enforcement mechanism be enough to carry states liable to their dedication in order that the ICC can detect its target of finishing impunity for genocide, crimes opposed to humanity, and struggle crimes?
- Will states view the ICC’s enforcement mechanism as a reputable danger and refuse to affix except they have already got sturdy household human rights practices and associations which are self sufficient and able to prosecuting human rights abuses?
- If states that almost all have to enhance their family felony practices as pertains to maintaining opposed to human rights abuses don't sign up for the courtroom, is there any desire that the specter of punishment by means of the ICC can play a job in enhancing state’s human rights practices and deterring members from committing mass atrocities?
This paintings offers an important contribution to the sector, and should be of significant curiosity to scholars and students of foreign legislation, diplomacy, overseas corporations and human rights.
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Extra info for Rules, Politics, and the International Criminal Court: Committing to the Court
The results of these additional tests of state ratiﬁcation behavior do, indeed, provide support for the explanatory power of the credible threat theory. 01. Testing state commitment to the ICC 39 weakest and require only self-reporting, a state’s level of human rights practices is not a signiﬁcant predictor of ratiﬁcation: states with worse practices are no less likely on the whole than states with better practices to commit to any of the six main international human rights treaties. 37 In fact, state ratiﬁcation of these six main international human rights treaties appears indiscriminate.
30 Protection of human rights is consistent with democratic values, and democracies are better at protecting them than autocracies. If the credible threat theory is correct, states that are more democratic should be more likely to commit to international human rights treaties since compliance should be relatively costless. The credible commitment theory also predicts that democracies will ratify human rights treaties since democracies do not need an external enforcement mechanism to tie their hands in order to act better in the future.
7 and 12. 40 CAT Optional Protocol, arts. 4, 11, 12, and 14. , art. 16. N. Convention on Torture and the Prospects for Enforcement (Leiden, The Netherlands: Martinus Nijhoﬀ Publishers,1999), 63 (discussing the Committee Against Torture); Steiner, “Individual Claims in a World of Massive Violations: What Role for the Human Rights Committee,” 37 (noting that the Human Rights Committee has no authority to act punitively against any state oﬀending against the ICCPR or to impose sanctions against it).