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Credible Commitments and the International Criminal Court

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  • Simmons, Beth A.
  • Danner, Allison

Abstract

The creation of an International Criminal Court (ICC) to prosecute war crimes poses a real puzzle. Why was it created, and more importantly, why do states agree to join this institution? The ICC represents a serious intrusion into a traditional arena of state sovereignty: the right to administer justice to one's one nationals. Yet more than one hundred states have joined. Social scientists are hardly of one mind about this institution, arguing that it is (alternately) dangerous or irrelevant to achieving its main purposes: justice, peace, and stability. By contrast, we theorize that the ICC is a mechanism to assist states in self-binding, and draw on credible commitments theory to understand who commits to the ICC, and the early consequences of such commitments. This approach explains a counterintuitive finding: the states that are both the least and the most vulnerable to the possibility of an ICC case affecting their citizens have committed most readily to the ICC, while potentially vulnerable states with credible alternative means to hold leaders accountable do not. Similarly, ratification of the ICC is associated with tentative steps toward violence reduction and peace in those countries precisely least likely to be able to commit credibly to foreswear atrocities. These findings support the potential usefulness of the ICC as a mechanism for some governments to commit to ratchet down violence and get on the road to peaceful negotiations.

Suggested Citation

  • Simmons, Beth A. & Danner, Allison, 2010. "Credible Commitments and the International Criminal Court," International Organization, Cambridge University Press, vol. 64(2), pages 225-256, April.
  • Handle: RePEc:cup:intorg:v:64:y:2010:i:02:p:225-256_00
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    Cited by:

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    2. Andrew Cesare Miller, 2023. "Without an army: How ICC indictments reduce atrocities," Journal of Peace Research, Peace Research Institute Oslo, vol. 60(4), pages 573-587, July.
    3. Jonas Tallberg & Thomas Sommerer & Theresa Squatrito, 2016. "Democratic memberships in international organizations: Sources of institutional design," The Review of International Organizations, Springer, vol. 11(1), pages 59-87, March.
    4. Valerie Freeland, 2015. "Rebranding the State: Uganda's Strategic Use of the International Criminal Court," Development and Change, International Institute of Social Studies, vol. 46(2), pages 293-319, March.
    5. Axel Dreher & Martin Gassebner & Lars-H. R. Siemers, 2012. "Globalization, Economic Freedom, and Human Rights," Journal of Conflict Resolution, Peace Science Society (International), vol. 56(3), pages 516-546, June.
    6. Max Gallop, 2017. "More dangerous than dyads: how a third party enables rationalist explanations for war," Journal of Theoretical Politics, , vol. 29(3), pages 353-381, July.
    7. Catherine Z. Worsnop, 2017. "Domestic politics and the WHO’s International Health Regulations: Explaining the use of trade and travel barriers during disease outbreaks," The Review of International Organizations, Springer, vol. 12(3), pages 365-395, September.
    8. Christopher Marcoux & Johannes Urpelainen, 2012. "Capacity, not constraints: A theory of North-South regulatory cooperation," The Review of International Organizations, Springer, vol. 7(4), pages 399-424, December.
    9. Asif Efrat & Omer Yair, 2023. "International rankings and public opinion: Compliance, dismissal, or backlash?," The Review of International Organizations, Springer, vol. 18(4), pages 607-629, October.
    10. repec:gig:joupla:v:5:y:2013:i:3:p:97-132 is not listed on IDEAS
    11. Daniel Berliner & Alex Ingrams & Suzanne J. Piotrowski, 2022. "Process effects of multistakeholder institutions: Theory and evidence from the Open Government Partnership," Regulation & Governance, John Wiley & Sons, vol. 16(4), pages 1343-1361, October.
    12. Seok-ju Cho & Yong Kim & Cheol-Sung Lee, 2016. "Credibility, preferences, and bilateral investment treaties," The Review of International Organizations, Springer, vol. 11(1), pages 25-58, March.
    13. Yoram Haftel, 2013. "Commerce and institutions: Trade, scope, and the design of regional economic organizations," The Review of International Organizations, Springer, vol. 8(3), pages 389-414, September.
    14. David H. Bearce & Thomas R. Cook, 2018. "The first image reversed: IGO signals and mass political attitudes," The Review of International Organizations, Springer, vol. 13(4), pages 595-619, December.
    15. Songying Fang & Erica Owen, 2011. "International institutions and credible commitment of non-democracies," The Review of International Organizations, Springer, vol. 6(2), pages 141-162, July.
    16. Tobias Böhmelt, 2013. "A closer look at the information provision rationale: Civil society participation in states’ delegations at the UNFCCC," The Review of International Organizations, Springer, vol. 8(1), pages 55-80, March.
    17. Inken Borzyskowski & Felicity Vabulas, 2019. "Hello, goodbye: When do states withdraw from international organizations?," The Review of International Organizations, Springer, vol. 14(2), pages 335-366, June.
    18. Tana Johnson, 2015. "Information revelation and structural supremacy: The World Trade Organization’s incorporation of environmental policy," The Review of International Organizations, Springer, vol. 10(2), pages 207-229, June.
    19. Min Zhou, 2014. "Signaling commitments, making concessions: Democratization and state ratification of international human rights treaties, 1966–2006," Rationality and Society, , vol. 26(4), pages 475-508, November.
    20. Nunnenkamp Peter, 2016. "Demokratie und internationale Investitionsabkommen: (Überraschende) Zusammenhänge und (lückenhafte) Erklärungen," Perspektiven der Wirtschaftspolitik, De Gruyter, vol. 17(4), pages 364-382, December.
    21. Berliner, Daniel & Ingrams, Alex & Piotrowski, Suzanne, 2022. "Process effects of multistakeholder institutions: theory and evidence from the Open Government Partnership," LSE Research Online Documents on Economics 111060, London School of Economics and Political Science, LSE Library.
    22. Brandon J Kinne, 2013. "IGO membership, network convergence, and credible signaling in militarized disputes," Journal of Peace Research, Peace Research Institute Oslo, vol. 50(6), pages 659-676, November.
    23. Erik Voeten, 2014. "Does participation in international organizations increase cooperation?," The Review of International Organizations, Springer, vol. 9(3), pages 285-308, September.
    24. James Meernik & Kimi King, 2014. "A psychological jurisprudence model of public opinion and international prosecution," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 17(1), pages 3-20, March.
    25. Kenneth W. Abbott & Philipp Genschel & Duncan Snidal & Bernhard Zangl, 2020. "Competence versus control: The governor's dilemma," Regulation & Governance, John Wiley & Sons, vol. 14(4), pages 619-636, October.

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