Jus Pro Bello: The Impact of International Prosecutions on War Continuation

This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article also makes a threefold contribution to the lasting debate on peace versus justice. First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of “justice” and “peace,” for the former can be used to undercut the latter

Coercing Compliance with the ICC: Empirical Assessment and Theoretical Implications

Article published in the Michigan State International Law Review

Coercing Compliance with the ICC: Empirical Assessment and Theoretical Implications

Article published in the Michigan State International Law Review

Popliteal artery pseudoaneurysm of spontaneous occurrence: a case report

Abstract Idiopathic popliteal artery pseudoaneurysms are exceedingly rare, posing significant diagnostic challenges due to their elusive etiology. This report presents the case of a 78-year-old female with no history of trauma or orthopedic procedures who was diagnosed with a large pulsatile mass in the right popliteal fossa. Arteriography confirmed a popliteal artery pseudoaneurysm. Despite extensive clinical evaluation, no causative factors were identified, suggesting an idiopathic diagnosis. The patient underwent open surgical repair using a posterior approach, during which the popliteal artery defect was closed using a bovine pericardium patch. Postoperative follow-up revealed proximal patch stenosis, necessitating angioplasty. This case underscores the need for comprehensive diagnostic evaluation of atypical pseudoaneurysm presentations and highlights the complexities involved in managing idiopathic cases, emphasizing the importance of postoperative follow-up to address potential complications

After Ratification: Predicting State Compliance with icc Treaty Obligations

Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state noncompliance with politically-costly legal obligations remains the main barrier to international justice. This article explores two sequential questions: First, why do states ratify the Rome Statute? And second, how likely are their governments to genuinely comply with its provisions? This article employs an original methodology to explore these questions, combining a survey of diplomats posted to the UN Headquarters with thirty-seven structured interviews. Study results show that the (in)sincerity of state commitment reliably predicts future compliance with treaty obligations. Three main conclusions can be drawn from this study. First, it is crucial to distinguish between the moment of ratification and that of actual obligation. Second, the lawyerly assumption that state motives do not matter lacks empirical support. Third, the role of regional actors in enhancing compliance from state authorities deserves further recognition.</jats:p

In the Eye of the Beholder

Abstract This article investigates the stark variation in elite appraisals of the performance of the International Criminal Court (ICC). Based on an online survey of diplomats posted to the UN headquarters, this article determines which country situations under ICC scrutiny respondents regard as successes or failures and, in turn, what parameters underpin their views. It also asks about negative cases; that is, country situations that never made it to The Hague due to political considerations. This article makes a two-fold contribution to the study of international law and politics. First, it shows that diplomats conceptualize international justice in terms of ongoing prosecutions and convictions obtained. Thus, they downplay indirect effects such as positive complementarity. Interestingly, scholars and diplomats agree on the court’s fiascos, yet dissent on successes. Finally, diplomats have proved tired of political considerations obstructing international justice. Survey data reveals that they want the court to investigate situations involving major powers.</jats:p

Too Little, Too Late: The ICC and the Politics of Prosecutorial Procrastination in Georgia

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of Georgia over fourteen years, seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC-state relations over time. Preliminary findings suggest: 1) The ICC is but one component of a broader litigation strategy aimed at exposing Russian aggression; 2) Georgian authorities are believed to have fully cooperated with the ICC, yet interviewees disagree on the underlying motives; 3) Prolonged inaction has largely set aside the ICC from the legal and political debate, but Russia’s invasion of Ukraine and Khan’s long-awaited application for arrest warrants briefly brought it back into the picture