Negotiated Justice and International Accountability: The ICC and Transitional Justice During Peace Negotiations (VIRTUAL)

Genevieve Bates, PhD Candidate, Political Science, University of Chicago

What explains the variation in who is held accountable for the commission of atrocities during conflict? This paper unpacks the dilemma parties to a conflict face in the era of a Court of last resort: how to minimize the accountability they face when ignoring the international community may provoke intervention. While much of the literature remains divided about the effects of international law and the mechanisms by which it shapes domestic political behavior, I suggest that under certain conditions, international criminal tribunals in particular can have important effects. Using insights from a formal model, I argue that the domestic processes established under the shadow of tribunals like the ICC are reflective of international and domestic power politics that can hurt or, under some conditions, actually help those most responsible for atrocity.

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