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International Criminal Tribunals as Triggers of Institutional Change? Evidence from Ad Hoc Tribunals and the icc’s Referral and Proprio Motu Cases

In: International Criminal Law Review
Authors:
Klaus Bachmann SPWS University, Chodakowska 19/31, 03-815 Warsaw, Poland

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Gerhard Kemp UWE Bristol Law School, Coldharbour Lane, Bristol BS16 1QY, United Kingdom

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Irena Ristić Institute of Social Sciences (Institut društvenih nauka), Kraljice Natalije 45, 11000 Belgrade, Serbia

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Jovana Mihajlović Trbovc Institute of Culture and Memory Studies, Research Centre of the Slovenian Academy of Sciences and Arts (ZRC SAZU), Novi trg 2, 1000 Ljubljana, Slovenia

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Christian Nsabimana Garuka KK 241 ST 18 Kigali, Rwanda

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Amani Ejami Al Wasl Street Flat 112, Al Mur Residence, Jumairah1, Dubai, UAE

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Vjeran Pavlaković Faculty of Humanities and Social Sciences, University of Rijeka, Sveučilišna Av 4, 51000 Rijeka, Croatia

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Online Publication Date:
15 Apr 2025
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Abstract

The current article examines whether international criminal tribunals (ict) can be regarded as actors of international relations, which trigger domestic policy changes in countries under their jurisdiction. Drawing on the concepts of ‘third party enforcement’ and ‘credible commitment’ theory, the study examines ict cases during which an ict carried out investigations and prosecutions against the will of the respective sitting government. Based on field research from seven states and three tribunals, the authors present some counterintuitive conclusions. Limited institutional reforms did take place; they can at least partly be attributed to ict decisions and they proved more sustainable in autocratic states than in some democratic ones. Independence from the organizations and states which created the tribunals does not always help tribunals to carry out their mission; it rather strengthens their actorness and influence if they enjoy their founders’ strong support but keep distance to the countries in which they investigate.

Title:
International Criminal Tribunals as Triggers of Institutional Change? Evidence from Ad Hoc Tribunals and the icc’s Referral and Proprio Motu Cases
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15718123-bja10227
Language:
English
Pages:
1–30
Keywords:
international criminal justice; international criminal tribunals; international relations; Kenya; Libya; Rwanda; Sudan; Yugoslavia
In:
International Criminal Law Review
In:
Advance Articles
Received:
03 Sep 2024
Accepted:
18 Mar 2025
Publisher:
Brill | Nijhoff
E-ISSN:
1571-8123
Print ISSN:
1567-536X
Subjects:
International Criminal Law, Human Rights and Humanitarian Law

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