Contrasting Dynamics of Global Administrative Measures and International Criminal Courts: cosmopolitanism, multilateralism, state interests

N Dorn

Research output: Chapter/Conference proceedingChapterAcademic

Abstract

This chapter explores dynamics of (a) international administrative measures and (b) international criminal courts, comparing and contrasting the ways in which developments in these two spheres are shaped by state interests, multilateral compromises/bodies, and creative and critical interventions by cosmopolitan actors such as NGOs. In summary, (a) international administrative measures may take either 'disciplinary' forms such as sanctions or 'supportive' forms such as capacity-building. Examples include UN sanctions against Iraq and the former Yugoslavia, targeted aid in relation to Palestine, and conditionality in UN/EU governance of the Balkans. In such arrangements, state interests constitute the initial drivers, transmuting into multilateral arrangements in a search for legitimacy, then often being discredited by cosmopolitan challenges on grounds of unfairness, ineffectiveness and negative side effects. In relation to (b) international criminal courts, the historical dynamic seems to be reversed. The ICTY and the International Criminal Court owed their genesis to campaigning by cosmopolitan networks and media (campaigns against impunity); then developed organisational solidity and capabilities required to function (professional and well-connected prosecutors, etc); shortly attracting much closer management by states and, from some (notably the US), strategies for curtailment or neutralisation. In summary, multi-source governance measures of an administrative or regulatory nature see a dynamic running from state bargaining, through multilateral management, towards cosmopolitan challenge (s-m-c) – whilst the evolution of the administration of international criminal courts and tribunals experience the converse dynamic (c-m-s).
Original languageEnglish
Title of host publicationExploring the Boundaries of International Criminal Justice
EditorsM. Findlay, R. Henham
Place of PublicationAldershot
PublisherAshgate Publishing
ISBN (Print)9780754649793
Publication statusPublished - 2011

Research programs

  • SAI 2005-04 MSS

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