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

Washington International Law Journal 27.3 (2018): 645-681

ASA 2017 Annual Meeting Paper

40 Pages Posted: 20 Mar 2017 Last revised: 24 Sep 2018

See all articles by Marco Bocchese

Marco Bocchese

Northwestern University, Judd A. and Marjorie Weinberg College of Arts and Sciences, Department of Political Science, Students ; University of Illinois at Chicago (UIC)

Date Written: 2017

Abstract

This Article investigates the political and military conditions under which national governments decided to invite judicial scrutiny from the International Criminal Court (ICC). The cross-case analysis of seven country situations either examined or investigated by the ICC Prosecutor's Office (OTP) lends support to the conclusion that government decisions to solicit external judicial scrutiny are a function of two main independent variables, namely their military inability to defeat the rebellion and short-term preference for continuing war over negotiating its conclusion. I hereby argue that specific values on these variables combined to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny was in fact in their interest. This Article's contribution to the lasting debate on 'Peace v. Justice' is two-fold. First, it emphasizes state agency in 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. 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 may be used to undermine the latter.

Keywords: International Justice, International Criminal Court, ICC, Conflict Resolution, Conflict Management, Comparative Study, Georgia, Palestine, Israel, Sub-Saharan Africa, Lawfare, Israeli-Palestinian Conflict

JEL Classification: K33, B15, N44, N45, N47

Suggested Citation

Bocchese, Marco, Jus Pro Bello: The Impact of International Prosecutions on War Continuation (2017). Washington International Law Journal 27.3 (2018): 645-681, ASA 2017 Annual Meeting Paper , Available at SSRN: https://ssrn.com/abstract=2936112 or http://dx.doi.org/10.2139/ssrn.2936112

Marco Bocchese (Contact Author)

Northwestern University, Judd A. and Marjorie Weinberg College of Arts and Sciences, Department of Political Science, Students ( email )

601 University Place (Scott Hall)
Evanston, IL 60201
United States

University of Illinois at Chicago (UIC) ( email )

1102 Behavioral Science Building (BSB)
Chicago, IL 60607-7137
United States

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