The International Criminal Court and the Deterrence of Human Rights Atrocities

Research on human rights treaties has mostly reached depressingly similar conclusions – that such treaties and their resulting institutions have little or no impact on human rights. The International Criminal Court, however, possesses significant power to investigate and prosecute violations of international law that equip it with potentially more influence than previous human rights regimes. I suggest, however, that the impact of the ICC on human rights is conditioned by signatory governments’ commitment to good governance and acceptance of the role of the ICC in addressing violations of international law. I develop a two-stage model of ICC ratification and human rights abuse that shows that while many states have ratified the ICC Treaty, not all are committed to stopping the crimes under its jurisdiction. Rather, state commitment to human rights depends first on its commitment to the rule of law within its own borders. Second, commitment to human rights depends on states’ willingness to grant the ICC the powers necessary to carry out its mission. Through a number of statistical tests, I find strong support for these hypotheses on states’ human rights and propensity for violence.