Coercion, norms and atrocity: explaining state compliance with international criminal tribunal for the former Yugoslavia arrest and surrender orders

Lamont, Christopher (2008) Coercion, norms and atrocity: explaining state compliance with international criminal tribunal for the former Yugoslavia arrest and surrender orders. PhD thesis, University of Glasgow.

Abstract

State compliance with International Criminal Tribunal for the former Yugoslavia (ICTY) arrest and surrender orders, Article 29(d) and (e) obligations, remains under explored in international criminal tribunal (ICT) scholarship despite the fact compliance with ICTY orders often proved not forthcoming from the states of the former Yugoslavia. This thesis will attempt to identiy causal phenomena behind compliance with ICT arrest and surrender orders through an exploration of compliance on the part of the diverse spectrum of states and non-state governing entities across the former Yugoslavia. Because International Relations (IR) scholarship identifies competing causal mechanisms to explain compliance and non-compliance outcomes, which range from a rationalist focus on material incentives and disincentives to norm-centric approaches, there will be an exploration of both ideational and material explanatory variables. Moreover, as mainstream neorealist and neoliberal institutionalist theories are unable to cope with entites where an autonomous state is not an ontological given, this thesis will be divided into two constituent parts. Part I will address the question of state compliance and include three case studies, Croatia, Serbia and Macedonia, while Part II will address the question of compliance in the context of Bosnia-Herzegovina and Kosovo, both of which do not conform to traditional models of the Westphalian state. This thesis will argue that the study of compliance is limited by the state centricity of international law and the rationalist failure to integrate ideational structures itno the study of compliance.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Keywords: International Relations, International Law, International Criminal Justice.
• Subjects: J Political Science > JX International law; J Political Science > JZ International relations
• Colleges/Schools: College of Social Sciences > School of Social and Political Sciences > Politics
• Supervisor's Name: Mills, Dr Kurt
• Date of Award: 2008
• Depositing User: Mr Christopher Lamont
• Unique ID: glathesis:2008-283
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 18 Jun 2008
• Last Modified: 10 Dec 2012 13:17
• URI: https://theses.gla.ac.uk/id/eprint/283