Mind the Gap: A Systematic Approach to the International Criminal Court's Arrest Warrants Enforcement Problem

IF 0.2 Q4 INTERNATIONAL RELATIONS
Nadia Banteka
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引用次数: 1

Abstract

International Criminal Courts and Tribunals (“ICCTs”) have been established on a belying enforcement paradox between their significant mandate and their inherent lack of enforcement powers due to the absence of systemic law enforcement. This Article is premised on the idea that ICCTs fail to procure substantial results due to their delusive persistence in rejecting the factoring of politics in their operation. Thus, I suggest a perspective for arrest warrant enforcement that not only recognizes the relevance of politics but also capitalizes on it. I argue that by fully comprehending its enforcement tools and making use of its political role, the International Criminal Court (“ICC”) may increase its rates in the apprehension of suspects and secure higher levels of judicial enforcement. Based on different compliance theories, I argue that the Office of the Prosecutor of the ICC (“OTP”) can improve compliance with ICC arrest warrants by making use of third states and non-state actors. In Part I, I address the way states and international actors may assist the OTP towards unwillingness to arrest states through inducements, reputational sanctions, and support for enforcement agencies. I propose that external pressure in the form of positive inducements (i.e., membership and development aid) or negative inducements (i.e., travel bans and asset freezes), as well as condemnation and reputational damage towards non-compliant states, are likely to increase compliance with arrest warrants. In Part II, I examine a strategy for the OTP towards states that are willing to arrest but are unable to do so. In these cases, the OTP would benefit from improving its institutional capacity to identify and use overlapping interests with activist states in the field of human rights and international justice through the establishment of a diplomatic arm within its Jurisdiction, Complementarity, and Cooperation Division. I unpack the question of what this engagement may look like by examining such a potential relationship between the United States and the ICC. Finally, in Part III, I focus on the instances where civil society
注意差距:国际刑事法院逮捕令执行问题的系统研究
国际刑事法院和法庭(“国际刑事法庭”)的建立是基于一种看似矛盾的执行矛盾,即它们的重大任务和由于缺乏系统执法而固有地缺乏执行权力。本文的前提是,信息通信技术之所以未能取得实质性成果,是因为它们自欺欺人地坚持拒绝在运作中考虑政治因素。因此,我提出了一种逮捕令执行的观点,即不仅认识到政治的相关性,而且要利用它。我认为,通过充分了解其执法工具和利用其政治作用,国际刑事法院(“国际刑事法院”)可以提高其逮捕嫌疑犯的比率,并确保更高水平的司法执行。基于不同的合规理论,我认为国际刑事法院检察官办公室(“OTP”)可以通过利用第三国和非国家行为体来改善对国际刑事法院逮捕令的遵守。在第一部分中,我讨论了国家和国际行为体如何通过引诱、名誉制裁和支持执法机构来帮助OTP不愿逮捕国家。我建议,以积极诱因(即成员资格和发展援助)或消极诱因(即旅行禁令和资产冻结)的形式施加的外部压力,以及对不遵守规定的国家的谴责和名誉损害,可能会增加对逮捕令的遵守。在第二部分中,我研究了OTP对那些愿意逮捕但无法这样做的国家的策略。在这些情况下,通过在其管辖权、互补性和合作司内设立一个外交部门,OTP将受益于提高其机构能力,以确定和利用与人权和国际司法领域活跃国家的重叠利益。我通过研究美国与国际刑事法院之间的这种潜在关系,来解开这种接触可能是什么样子的问题。最后,在第三部分中,我重点讨论了公民社会
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来源期刊
CiteScore
1.20
自引率
0.00%
发文量
0
期刊介绍: Founded in 1967, the Cornell International Law Journal is one of the oldest and most prominent international law journals in the country. Three times a year, the Journal publishes scholarship that reflects the sweeping changes that are taking place in public and private international law. Two of the issues feature articles by legal scholars, practitioners, and participants in international politics as well as student-written notes. The third issue is dedicated to publishing papers generated by the Journal"s annual Symposium, held every spring in Ithaca, New York.
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