2 - Backlash in Theoretical Context

Summary

Chapter 2 sets out the theoretical framework for the book. It suggests that there are four main drivers of backlash politics. The first is the tribunals’ abiding dependence on states. No matter how independent international courts are on paper, they still rely on state cooperation to hear cases, hold perpetrators to account, and garner compliance. Moreover, the tribunals depend on states for their operating budgets, staff, and normative legitimacy. The second driving factor of backlash is normative discontent. High rates of ratification mask underlying and significant normative divides about which human rights and accountability norms matter and why. The chapter then goes on to consider two additional drivers of backlash politics: the domestic consequences of international adjudication and the likelihood of future repression. The chapter concludes with an overview of the courts examined throughout the book and a discussion of Saving the International Justice Regime’s empirical approach.