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2 results

  • 1 - Progress and Pushback in the Judicialization of Human Rights

  • Courtney Hillebrecht, University of Nebraska, Lincoln
  • Book:
    Saving the International Justice Regime
    Published online:
    18 September 2021
    Print publication:
    30 September 2021, pp 1-34

  • Summary

    This introductory chapter situates the phenomenon of backlash against the international justice regime within a larger debate about the retrenchment of liberal democratic norms. This chapter considers how international courts gain their authority and contends that international human rights and criminal courts enjoy structural, adjudicative, and moral authority over states and political elites. It is precisely these sources of authority, however, that are the targets of backlash. The chapter goes on to provide a definition of backlash politics, suggesting that backlash is action – not just rhetoric – targeted at the authority of international courts. The chapter then puts that definition into practice by providing a typology of backlash, which includes: (1) withdrawals from international courts; (2) the creation of alternate/substitute justice mechanisms; (3) bureaucratic and budgetary restrictions; and (4) doctrinal challenges. The chapter concludes with a roadmap for the rest of the book.

Saving the International Justice Regime
  • Beyond Backlash against International Courts
  • Courtney Hillebrecht
  • Published online:
    18 September 2021
    Print publication:
    30 September 2021
  • While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?