
Contents
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I. Introduction I. Introduction
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II. International Criminal Tribunals: Opposition (and Backlash) II. International Criminal Tribunals: Opposition (and Backlash)
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III. Defining Backlash III. Defining Backlash
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IV. A Theory-Informed Approach to International Criminal Tribunal Backlash IV. A Theory-Informed Approach to International Criminal Tribunal Backlash
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V. South Africa and the International Criminal Court: Archetypal Backlash V. South Africa and the International Criminal Court: Archetypal Backlash
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A. Background A. Background
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B. Choosing Africa: A Pluralist Approach B. Choosing Africa: A Pluralist Approach
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VI. Serbia and the ICTY: Persistent Backlash VI. Serbia and the ICTY: Persistent Backlash
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A. Background A. Background
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B. ‘It is an incredible situation. We always have a problem with Serbia. Always’ B. ‘It is an incredible situation. We always have a problem with Serbia. Always’
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VII. Lebanon and the Special Tribunal: Absent Backlash VII. Lebanon and the Special Tribunal: Absent Backlash
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A. Background A. Background
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B. Lebanon and the STL: reassuringly undemanding B. Lebanon and the STL: reassuringly undemanding
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VIII. Conclusion VIII. Conclusion
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26 International Criminal Tribunal Backlash
Get accessHenry Lovat is Lord Kelvin Adam Smith Fellow at the University of Glasgow School of Law.
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Published:07 May 2020
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Abstract
This chapter explores the phenomenon of backlash against international criminal tribunals, defining backlash as ‘intense and sustained government disapproval of tribunal conduct, accompanied by aggressive steps to resist such conduct and to remove its legal force’. After promising beginnings, post-Cold War international criminal tribunals have increasingly faced strident criticism from important constituencies, including previously supportive governments. This has prompted concern about declining support for and ‘backlash’ against such tribunals, amidst broader debates about similar tendencies affecting international adjudication more generally. Drawing on International Relations theories, this chapter analyzes drivers and inhibitors to backlash against international criminal tribunals, specifically the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, and the Special Tribunal for Lebanon. It identifies several factors relevant for explaining tribunal backlash: domestic politics and the preferences and interests of powerful elites; external actors, particularly engaged regional and great powers; and transnational social pressure.
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