Collective Identity, Memories of Violence, and Belief in a Biased International Criminal Court: Evidence from Kenya

Dutton, Yvonne M.; Dancy, Geoff; Aloyo, Eamon; Alleblas, Tessa

doi:10.2139/ssrn.3014844

Cited by 3 publications

(2 citation statements)

References 38 publications

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“…In one way, these findings gel with the newest research that emphasizes the ICC's diffuse social effects: because they introduce great uncertainty but also possibility, OTP investigations are associated with a flurry of activity and the mobilization of various political coalitions. 99 Amid this mobilization, elite members of pro-justice coalitionsincluding sympathetic members of the judiciary and recognized advocates within civil societyengage in campaigns to promote human rights. 100 As these campaigns fan out, general members of the public will catch wind and seek to educate themselves on human rights norms.…”

Section: Discussionmentioning

confidence: 99%

The hidden impacts of the ICC: An innovative assessment using Google data

Dancy¹

2021

Leiden Journal of International Law

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Commentators now regularly declare that the International Criminal court (ICC) – and international criminal law as a whole – is in crisis. It is certainly the case that the ICC faces a number of operational challenges, and that these challenges worry its defenders. However, one unexamined rationalist assumption is that the Court’s inability to deliver consistent outputs will mean waning influence. This article explores an alternative constructivist theory that the ICC produces diffuse social impacts that are not necessarily tied to its operating effectively. This theory is tested statistically using Google Trends data. Specifically, the article examines whether ICC intervention in a country is associated with more internet search for ‘human rights’. Taking this to be a measure of changing discourse in countries, the article finds that some types of ICC involvement are associated with a far higher interest in human rights, and that this interest only increases as ICC involvement extends in time. In short, despite its disappointments, evidence suggests that the ICC still serves a socio-pedagogical function. Though it does not fit well within a rational evaluation framework, this kind of information should be considered in ICC performance reviews.

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Section: Discussionmentioning

confidence: 99%

The hidden impacts of the ICC: An innovative assessment using Google data

Dancy¹

2021

Leiden Journal of International Law

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“… 3 We are aware of a handful of exceptions: Chapman & Chaudoin (forthcoming) administered a survey experiment on ICC investigations into violence to 1,000 respondents in Kyrgyzstan; Lupu & Wallace (forthcoming) administered survey experiments on support for government repression to 1,096 Argentinians, 796 Indians, and 1,292 Israelis; Dutton et al (2017) administered a survey experiment on perceptions of ICC bias to 507 respondents in Kenya; Bracic (2016) conducted a series of trust games with 606 respondents in Slovenia and Croatia; Hafner-Burton, LeVeck & Victor (2016) conducted a survey that included 132 international elites that work at human rights NGOs; and Ausderan (2014) recruited 205 respondents from India for an experiment. …”

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confidence: 99%

United Nations endorsement and support for human rights: An experiment on women’s rights in Pakistan

Anjum

Chilton

Usman

2020

Journal of Peace Research

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The United Nations is one of the organizations charged with developing and promoting international human rights law. One of the primary ways that the United Nations tries to do that is by regularly reviewing the human rights practices of member states and then recommending new policies for that state to implement. Although this expends considerable resources, a number of obstacles have made it difficult to empirically assess whether the UN’s review process actually causes countries to improve their human rights practices. To study this topic, we conducted an experiment in Pakistan that tested whether respondents were more likely to support policies aimed at improving women’s rights when they learned that the reforms were proposed by the United Nations. Our results indicate that the respondents who were randomly informed of the United Nations endorsement not only expressed higher support for the policy reforms, but also were more likely to express willingness to ‘mobilize’ in ways that would help the reforms be implemented. Our treatment did not have any effect, however, on respondents that did not already have confidence in the United Nations. This suggests that the international human rights regime may only be able to aid domestic reformers when there is already faith in those institutions.

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The Art of Rhetoric: Perceptions of the International Criminal Court and Legalism

Kotecha¹

2018

Leiden Journal of International Law

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Perceptions of the International Criminal Court have undergone a deep malaise, particularly on the African continent. The frequent target of these perceptions is the Court’s Office of the Prosecutor; its prosecutorial selections have generated the most trenchant criticism of bias. These perceptions, often amplified by political elites and hostile media coverage, risk damaging the Court’s perceived legitimacy among its most essential audience: affected communities. These communities are crucial to the achievement of the Court’s goals, and are those within which justice must be seen to be done. In this light, this article conducts an analysis of the Office’s rhetoric and its ability to persuade affected communities that the Court is politically independent. The article outlines how the Office’s public communications express a key message of legalism; a belief in technical rule-compliance and in law’s superiority to politics. Using a classic Aristotelian framework, I argue that legalism lacks persuasiveness; it makes a weak appeal to the Prosecutor’s reputation, has a limited appeal in eliciting emotional support, and, is not a sufficiently logical explanation of the Court’s independence. In summary, legalism is a weak tactic of legitimation and a well-worn progress narrative. The article’s analysis has implications for other international institutions and the rhetoric they adopt to legitimate their independence. More specifically, the article concludes with recommendations that can help the Office reflect on its rhetoric and thus, develop a meaningful dialogue to those comm unities that are the Court’s raison d’être.

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Collective Identity, Memories of Violence, and Belief in a Biased International Criminal Court: Evidence from Kenya

Cited by 3 publications

References 38 publications

The hidden impacts of the ICC: An innovative assessment using Google data

The hidden impacts of the ICC: An innovative assessment using Google data

United Nations endorsement and support for human rights: An experiment on women’s rights in Pakistan

The Art of Rhetoric: Perceptions of the International Criminal Court and Legalism

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