Mobilising Ethnic Nationalism: De-legitimating International Criminal Tribunals

• In Event: International Law and International Courts

Abstract

International organisations (IOs) require legitimacy to wield authority effectively and to ensure compliance. While understanding what legitimises IOs in the eyes of political elites has attracted extensive research, recent events challenging IOs has sparked burgeoning research on ‘backlash’ and delegitimation. International criminal tribunals (ICTs) are among the institutions facing widespread delegitimation. However, we know little about why and how political elites attempt to delegitimise IOs. To address this gap, we explore why and through what mechanisms political elites pursue the delegitimation. We theorize two possible motivations for elite delegitimation of ICTs, which have distinct observable implications about the elite critiques of ICTs. On the one hand, delegitimation may be strategic and pursued to maximise the utility and self-interests of relevant actors, following a logic of consequences. We expect strategic delegitimation to manifest is the mobilization of ethnic nationalism in critiques of ICTs. On the other, belief-based delegitimation adheres to a logic of appropriateness and is motivated by normative commitments, and will manifest critiques about procedures and substantive rules. Based on cases of the International Criminal Tribunal for Yugoslavia and the Kosovo Specialist Chambers, we argue that political elites strategically use ethnic nationalism to delegitimise ICTs to avoid criminal prosecution.

Authors

• Theresa J Squatrito, London School of Economics

• Birte Gippert, University of Liverpool