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Marco Bocchese

Webster University, International Relations, Faculty Member

University of Illinois at Chicago, Political Science, Faculty Member

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Marco Bocchese, Assistant Professor of International Relations at Webster Vienna Private University (WVPU: 2021-present), former Visiting Assistant Professor of International Law and International Relations at the University of Illinois at Chicago (UIC: 2018-2021). Ph.D. Northwestern University (2018); LL.M. Northwestern University (2010); J.D. University of Verona, Italy (2007).
Supervisors: William Reno

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Papers by Marco Bocchese

From across the globe: Understanding the motivations of pro-Ukraine foreign fighters

European Security, 2024

To date, the most glaring gap in our understanding of the phenomenon of foreign fighters concerns... more To date, the most glaring gap in our understanding of the phenomenon of foreign fighters concerns the motivations that prompted-and continue to prompt-them to enlist in the Ukrainian International Legion (UIL) and other military units open to foreign recruits. In essence, why do they fight and risk dying for a foreign country? What drives people from di erent nations and walks of life to quit their jobs, leave their families behind, and embark on such a perilous endeavor? This article aims to address this gap by presenting the results of a new study, whose main contribution lies in its unparalleled access to primary sources. This study draws on 30 interviews, largely conducted between January and April 2023, either in person or online, with foreign fighters from 20 countries and 5 continents. We find no evidence that financial incentives in uenced or contributed to their decisions to join the fight against Russia. Instead, normative considerations and ethical imperatives predominantly explain their decisions to enlist. Additionally, we examine and find little evidence that foreign combatants are being treated unfairly. In fact, several interviewees not only refuted these allegations but also claimed that foreigners receive better treatment than their local counterparts.

Bensouda's legacy: Complementarity at work in Guinea

Bensouda's legacy, 2024

Of all the current or past situations under scrutiny by the International Criminal Court (ICC), G... more Of all the current or past situations under scrutiny by the International Criminal Court (ICC), Guinea is the one which has attracted the least scholarly attention. This article explores three distinct approaches to complementarity adopted at different times during the preliminary examination of Guinea (2009-2022). Drawing on twenty-five interviews, this article sheds light on the Office of the Prosecutor's (OTP) diplomatic practices in its bilateral relations with state authorities. Guinea represents a clear success story for the oft-criticised ICC. Yet, such success represents more than just a textbook application of complementarity rules; it is the result of OTP's lessons learned following past diplomatic errors in liaising with state authorities, both in Guinea and elsewhere. The analysis of the Guinea case study proves that ICC scrutiny cannot be considered separately from the political context within which it unfolds, for favourable international and domestic conditions contributed to determine the aforesaid outcome.

Of Crimes and Crowns: When State Leaders Confront International Justice

Journal of International Criminal Justice, 2023

This article explains variation in state cooperation with International Criminal Court (ICC)’s in... more This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction are legally bound to provide full judicial assistance to the Court. Thus, why do some countries entertain collaborative relations with the ICC while others display hostility towards it? I argue that state leaders’ perceptions of potential ICC indictment best explain variation in state behaviour. This article aims to contribute to a better understanding of how state attitudes form and of the extent to which external actors, spearheaded by the ICC Prosecutor’s Office (OTP), can change them. The research findings suggest that: 1) neither formal state consent (ratification) nor regime type...

Of Crimes and Crowns: When State Leaders Confront International Justice

Journal of International Criminal Justice, 2023

This article explains variation in state cooperation with International Criminal Court (ICC)’s in... more This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction are legally bound to provide full judicial assistance to the Court. Thus, why do some countries entertain collaborative relations with the ICC while others display hostility towards it? I argue that state leaders’ perceptions of potential ICC indictment best explain variation in state behaviour. This article aims to contribute to a better understanding of how state attitudes form and of the extent to which external actors, spearheaded by the ICC Prosecutor’s Office (OTP), can change them. The research findings suggest that: 1) neither formal state consent (ratification) nor regime type are reliable predictors of state cooperation; 2) state leaders’ perception of potential ICC indictment appears better suited to correctly predict state behaviour in all the situations investigated by the OTP; 3) the OTP’s signalling strategy — including the timing of its intervention — affects state leaders’ perception of future ICC indictment and, in turn, the prospects of state cooperation; 4) when state authorities deny cooperation, regime change provides a one-time opportunity to start ICC–state relations anew.

Too Little, Too Late: The ICC and the Politics of Prosecutorial Procrastination in Georgia

SSRN Electronic Journal

In mid-August 2008, just days after belligerent parties had reached a ceasefire agreement, the Of... more In mid-August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. The latter has since become a test bench for what the International Criminal Court (ICC) can accomplish outside of Africa and in the context of an international armed conflict wherein a major power is actively involved. And yet, it was only in March 2022 that ICC Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia&#39;s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it, if at all? And

TOO LITTLE, TOO LATE: THE ICC AND THE POLITICS OF PROSECUTORIAL PROCRASTINATION IN GEORGIA

Genocide Studies and Prevention: An International Journal, 2024

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office... more In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of Georgia over fourteen years, seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC-state relations over time. Preliminary findings suggest: 1) The ICC is but one component of a broader litigation strategy aimed at exposing Russian aggression; 2) Georgian authorities are believed to have fully cooperated with the ICC, yet interviewees disagree on the underlying motives; 3) Prolonged inaction has largely set aside the ICC from the legal and political debate, but Russia’s invasion of Ukraine and Khan’s long-awaited application for arrest warrants briefly brought it back into the picture.

Syllabus the United Nations Other International Organizations

Syllabus Sample - International Organizations, 2019

This course is devoted to understanding the organization of world politics. It is not strictly ab... more This course is devoted to understanding the organization of world politics. It is not strictly about the United Nations (UN) system, though the first half of the course will focus on the so-called UN Galaxy, affiliated agencies and and their roles in shaping world politics. Later in the semester this course will also address peacekeeping operations, international financial and trade institutions (International Monetary Fund, World Bank, and GATT/WTO system), security organizations (NATO and regional equivalents), international adjudicative bodies (including international criminal tribunals), and non-governmental organizations (NGOs). The general objective of this course is to develop the student&#39;s capacity to critically examine problems in international organization and global governance, consider the range of possible solutions to those problems, and communicate the results of this analysis to others. The assigned readings explore organizational forms, stability and change, efficacy and dysfunction, among other themes in the study of world politics. 2. Methodology and textbooks The course is taught through lectures and in-class discussions. The relevant materials are indicated for each topic in the course syllabus and will be made available online by the instructor. Students are required to read them carefully before coming to class. Please follow the order in which readings are listed below. Additional readings are also suggested for students who wish to go further on topics of particular interest (see the course Blackboard page).

Justice Cooperatives: Explaining State Attitudes Toward the ICC

Jus Pro Bello: The Impact of International Prosecutions on War Continuation

SSRN Electronic Journal, 2017

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court ("ICC"). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor's Office ("OTP") lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military's inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article also makes a threefold contribution to the lasting debate on peace versus justice. First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of "justice" and "peace," for the former can be used to undercut the latter.

Beyond Ratification: Predicting State Compliance with ICC Treaty Obligations

SSRN Electronic Journal, 2017

El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia

The preliminary examination of Colombia is widely regarded as a successful instance of positive c... more The preliminary examination of Colombia is widely regarded as a successful instance of positive complementarity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have implemented comprehensive reforms and negotiated peace with the country’s main rebellion. That said, how much credit can the International Criminal Court (ICC) claim for these outcomes? And how did ICC–state relations develop over time? Drawing on in-person interviews carried out during a research trip to Bogotá, this article conducts a within-case analysis of the situation of Colombia over fourteen years (2004–18), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC–state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and internationa...

El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia

The preliminary examination of Colombia is widely regarded as a successful instance of positive c... more The preliminary examination of Colombia is widely regarded as a successful instance of positive complementarity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have implemented comprehensive reforms and negotiated peace with the country’s main rebellion. That said, how much credit can the International Criminal Court (ICC) claim for these outcomes? And how did ICC–state relations develop over time? Drawing on in-person interviews carried out during a research trip to Bogotá, this article conducts a within-case analysis of the situation of Colombia over fourteen years (2004–18), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC–state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and internationa...

Gbagbo’s lost bet: when inviting external judicial scrutiny backfires

The International Journal of Human Rights, 2019

ABSTRACT After spending seven years in pre-trial detention and still unable to return home pendin... more ABSTRACT After spending seven years in pre-trial detention and still unable to return home pending the appeal of his acquittal, former Ivorian President and strongman Laurent Gbagbo has certainly come to regret accepting the International Criminal Court (ICC)'s jurisdiction back in April 2003. Drawing on in-person interviews carried out during a research trip to Abidjan, this paper conducts a thorough analysis of the situation in Côte d'Ivoire over sixteen years (2003–2019), exploring the motives of Gbagbo’s decision and tracing the evolution of ICC-state relations. Preliminary findings suggest: first, then-President Gbagbo likely opened the door to ICC scrutiny due to the prospect of stigmatizing his enemies as war criminals. Second, the looming threat of ICC indictment likely strengthened Gbagbo’s resolution to hold on to power despite his defeat in the 2010 presidential elections. Third, externally-sponsored regime change ushered in a cooperative phase of ICC-state relations. Finally, since Gbagbo’s transfer to the ICC in November 2011, the Ouattara Administration has had a vested interest in strengthening judicial capacity, thus preventing key figures of the current government from following Gbagbo’s fate.

Justice Denied: Making Sense of State Noncooperation with International Prosecutions

Georgetown Journal of International Affairs

After Ratification: Predicting State Compliance with icc Treaty Obligations

International Criminal Law Review

Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state no... more Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state noncompliance with politically-costly legal obligations remains the main barrier to international justice. This article explores two sequential questions: First, why do states ratify the Rome Statute? And second, how likely are their governments to genuinely comply with its provisions? This article employs an original methodology to explore these questions, combining a survey of diplomats posted to the UN Headquarters with thirty-seven structured interviews. Study results show that the (in)sincerity of state commitment reliably predicts future compliance with treaty obligations. Three main conclusions can be drawn from this study. First, it is crucial to distinguish between the moment of ratification and that of actual obligation. Second, the lawyerly assumption that state motives do not matter lacks empirical support. Third, the role of regional actors in enhancing compliance from state a...

Jus Pro Bello: The Impact of International Prosecutions on War Continuation

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court (“ICC”). The cross-case analysis of seven countries either examined or offi- cially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article also makes a threefold contribution to the lasting debate on peace versus justice. First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of “justice” and “peace,” for the former can be used to undercut the latter.

JUS PRO BELLO: THE IMPACT OF INTERNATIONAL PROSECUTIONS ON WAR CONTINUATION

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court (ICC). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor's Office (OTP) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables, namely a military's inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. I contend that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article makes a threefold contribution to the lasting debate on 'Peace v. Justice.' First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of 'justice' and 'peace,' for the former can be used to undercut the latter.

After Ratification: Predicting State Compliance with ICC Treaty Obligations

International Criminal Law Review, 2019

Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state no... more Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state noncompliance with politically-costly legal obligations remains the main barrier to international justice. This article explores two sequential questions: First, why do states ratify the Rome Statute? And second, how likely are their governments to genuinely comply with its provisions? This article employs an original methodology to explore these questions, combining a survey of diplomats posted to the UN Headquarters with thirty-seven structured interviews. Study results show that the (in)sincerity of state commitment reliably predicts future compliance with treaty obligations. Three main conclusions can be drawn from this study. First, it is crucial to distinguish between the moment of ratification and that of actual obligation. Second, the lawyerly assumption that state motives do not matter lacks empirical support. Third, the role of regional actors in enhancing compliance from state authorities deserves further recognition.

Pricing Identity: Trade, Soft Power and Chinese Development in the Global South

SSRN Electronic Journal, 2000

Odd Friends: Rethinking the Relationship between the ICC and State Sovereignty

SSRN Electronic Journal, 2000

From across the globe: Understanding the motivations of pro-Ukraine foreign fighters

European Security, 2024

To date, the most glaring gap in our understanding of the phenomenon of foreign fighters concerns... more To date, the most glaring gap in our understanding of the phenomenon of foreign fighters concerns the motivations that prompted-and continue to prompt-them to enlist in the Ukrainian International Legion (UIL) and other military units open to foreign recruits. In essence, why do they fight and risk dying for a foreign country? What drives people from di erent nations and walks of life to quit their jobs, leave their families behind, and embark on such a perilous endeavor? This article aims to address this gap by presenting the results of a new study, whose main contribution lies in its unparalleled access to primary sources. This study draws on 30 interviews, largely conducted between January and April 2023, either in person or online, with foreign fighters from 20 countries and 5 continents. We find no evidence that financial incentives in uenced or contributed to their decisions to join the fight against Russia. Instead, normative considerations and ethical imperatives predominantly explain their decisions to enlist. Additionally, we examine and find little evidence that foreign combatants are being treated unfairly. In fact, several interviewees not only refuted these allegations but also claimed that foreigners receive better treatment than their local counterparts.

Bensouda's legacy: Complementarity at work in Guinea

Bensouda's legacy, 2024

Of all the current or past situations under scrutiny by the International Criminal Court (ICC), G... more Of all the current or past situations under scrutiny by the International Criminal Court (ICC), Guinea is the one which has attracted the least scholarly attention. This article explores three distinct approaches to complementarity adopted at different times during the preliminary examination of Guinea (2009-2022). Drawing on twenty-five interviews, this article sheds light on the Office of the Prosecutor's (OTP) diplomatic practices in its bilateral relations with state authorities. Guinea represents a clear success story for the oft-criticised ICC. Yet, such success represents more than just a textbook application of complementarity rules; it is the result of OTP's lessons learned following past diplomatic errors in liaising with state authorities, both in Guinea and elsewhere. The analysis of the Guinea case study proves that ICC scrutiny cannot be considered separately from the political context within which it unfolds, for favourable international and domestic conditions contributed to determine the aforesaid outcome.

Of Crimes and Crowns: When State Leaders Confront International Justice

Journal of International Criminal Justice, 2023

This article explains variation in state cooperation with International Criminal Court (ICC)’s in... more This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction are legally bound to provide full judicial assistance to the Court. Thus, why do some countries entertain collaborative relations with the ICC while others display hostility towards it? I argue that state leaders’ perceptions of potential ICC indictment best explain variation in state behaviour. This article aims to contribute to a better understanding of how state attitudes form and of the extent to which external actors, spearheaded by the ICC Prosecutor’s Office (OTP), can change them. The research findings suggest that: 1) neither formal state consent (ratification) nor regime type...

Of Crimes and Crowns: When State Leaders Confront International Justice

Journal of International Criminal Justice, 2023

This article explains variation in state cooperation with International Criminal Court (ICC)’s in... more This article explains variation in state cooperation with International Criminal Court (ICC)’s investigations and prosecutions across cases and over time. The idea motivating this study stems from the observation of the mixed record of state cooperation with ICC operations. For legal professionals and scholars this observation is puzzling, since states falling within the ICC’s territorial jurisdiction are legally bound to provide full judicial assistance to the Court. Thus, why do some countries entertain collaborative relations with the ICC while others display hostility towards it? I argue that state leaders’ perceptions of potential ICC indictment best explain variation in state behaviour. This article aims to contribute to a better understanding of how state attitudes form and of the extent to which external actors, spearheaded by the ICC Prosecutor’s Office (OTP), can change them. The research findings suggest that: 1) neither formal state consent (ratification) nor regime type are reliable predictors of state cooperation; 2) state leaders’ perception of potential ICC indictment appears better suited to correctly predict state behaviour in all the situations investigated by the OTP; 3) the OTP’s signalling strategy — including the timing of its intervention — affects state leaders’ perception of future ICC indictment and, in turn, the prospects of state cooperation; 4) when state authorities deny cooperation, regime change provides a one-time opportunity to start ICC–state relations anew.

Too Little, Too Late: The ICC and the Politics of Prosecutorial Procrastination in Georgia

SSRN Electronic Journal

In mid-August 2008, just days after belligerent parties had reached a ceasefire agreement, the Of... more In mid-August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. The latter has since become a test bench for what the International Criminal Court (ICC) can accomplish outside of Africa and in the context of an international armed conflict wherein a major power is actively involved. And yet, it was only in March 2022 that ICC Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia&#39;s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it, if at all? And

TOO LITTLE, TOO LATE: THE ICC AND THE POLITICS OF PROSECUTORIAL PROCRASTINATION IN GEORGIA

Genocide Studies and Prevention: An International Journal, 2024

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office... more In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of Georgia over fourteen years, seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC-state relations over time. Preliminary findings suggest: 1) The ICC is but one component of a broader litigation strategy aimed at exposing Russian aggression; 2) Georgian authorities are believed to have fully cooperated with the ICC, yet interviewees disagree on the underlying motives; 3) Prolonged inaction has largely set aside the ICC from the legal and political debate, but Russia’s invasion of Ukraine and Khan’s long-awaited application for arrest warrants briefly brought it back into the picture.

Syllabus the United Nations Other International Organizations

Syllabus Sample - International Organizations, 2019

This course is devoted to understanding the organization of world politics. It is not strictly ab... more This course is devoted to understanding the organization of world politics. It is not strictly about the United Nations (UN) system, though the first half of the course will focus on the so-called UN Galaxy, affiliated agencies and and their roles in shaping world politics. Later in the semester this course will also address peacekeeping operations, international financial and trade institutions (International Monetary Fund, World Bank, and GATT/WTO system), security organizations (NATO and regional equivalents), international adjudicative bodies (including international criminal tribunals), and non-governmental organizations (NGOs). The general objective of this course is to develop the student&#39;s capacity to critically examine problems in international organization and global governance, consider the range of possible solutions to those problems, and communicate the results of this analysis to others. The assigned readings explore organizational forms, stability and change, efficacy and dysfunction, among other themes in the study of world politics. 2. Methodology and textbooks The course is taught through lectures and in-class discussions. The relevant materials are indicated for each topic in the course syllabus and will be made available online by the instructor. Students are required to read them carefully before coming to class. Please follow the order in which readings are listed below. Additional readings are also suggested for students who wish to go further on topics of particular interest (see the course Blackboard page).

Justice Cooperatives: Explaining State Attitudes Toward the ICC

Jus Pro Bello: The Impact of International Prosecutions on War Continuation

SSRN Electronic Journal, 2017

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court ("ICC"). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor's Office ("OTP") lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military's inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article also makes a threefold contribution to the lasting debate on peace versus justice. First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of "justice" and "peace," for the former can be used to undercut the latter.

Beyond Ratification: Predicting State Compliance with ICC Treaty Obligations

SSRN Electronic Journal, 2017

El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia

The preliminary examination of Colombia is widely regarded as a successful instance of positive c... more The preliminary examination of Colombia is widely regarded as a successful instance of positive complementarity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have implemented comprehensive reforms and negotiated peace with the country’s main rebellion. That said, how much credit can the International Criminal Court (ICC) claim for these outcomes? And how did ICC–state relations develop over time? Drawing on in-person interviews carried out during a research trip to Bogotá, this article conducts a within-case analysis of the situation of Colombia over fourteen years (2004–18), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC–state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and internationa...

El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia

The preliminary examination of Colombia is widely regarded as a successful instance of positive c... more The preliminary examination of Colombia is widely regarded as a successful instance of positive complementarity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have implemented comprehensive reforms and negotiated peace with the country’s main rebellion. That said, how much credit can the International Criminal Court (ICC) claim for these outcomes? And how did ICC–state relations develop over time? Drawing on in-person interviews carried out during a research trip to Bogotá, this article conducts a within-case analysis of the situation of Colombia over fourteen years (2004–18), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC–state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and internationa...

Gbagbo’s lost bet: when inviting external judicial scrutiny backfires

The International Journal of Human Rights, 2019

ABSTRACT After spending seven years in pre-trial detention and still unable to return home pendin... more ABSTRACT After spending seven years in pre-trial detention and still unable to return home pending the appeal of his acquittal, former Ivorian President and strongman Laurent Gbagbo has certainly come to regret accepting the International Criminal Court (ICC)'s jurisdiction back in April 2003. Drawing on in-person interviews carried out during a research trip to Abidjan, this paper conducts a thorough analysis of the situation in Côte d'Ivoire over sixteen years (2003–2019), exploring the motives of Gbagbo’s decision and tracing the evolution of ICC-state relations. Preliminary findings suggest: first, then-President Gbagbo likely opened the door to ICC scrutiny due to the prospect of stigmatizing his enemies as war criminals. Second, the looming threat of ICC indictment likely strengthened Gbagbo’s resolution to hold on to power despite his defeat in the 2010 presidential elections. Third, externally-sponsored regime change ushered in a cooperative phase of ICC-state relations. Finally, since Gbagbo’s transfer to the ICC in November 2011, the Ouattara Administration has had a vested interest in strengthening judicial capacity, thus preventing key figures of the current government from following Gbagbo’s fate.

Justice Denied: Making Sense of State Noncooperation with International Prosecutions

Georgetown Journal of International Affairs

After Ratification: Predicting State Compliance with icc Treaty Obligations

International Criminal Law Review

Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state no... more Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state noncompliance with politically-costly legal obligations remains the main barrier to international justice. This article explores two sequential questions: First, why do states ratify the Rome Statute? And second, how likely are their governments to genuinely comply with its provisions? This article employs an original methodology to explore these questions, combining a survey of diplomats posted to the UN Headquarters with thirty-seven structured interviews. Study results show that the (in)sincerity of state commitment reliably predicts future compliance with treaty obligations. Three main conclusions can be drawn from this study. First, it is crucial to distinguish between the moment of ratification and that of actual obligation. Second, the lawyerly assumption that state motives do not matter lacks empirical support. Third, the role of regional actors in enhancing compliance from state a...

Jus Pro Bello: The Impact of International Prosecutions on War Continuation

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court (“ICC”). The cross-case analysis of seven countries either examined or offi- cially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article also makes a threefold contribution to the lasting debate on peace versus justice. First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of “justice” and “peace,” for the former can be used to undercut the latter.

JUS PRO BELLO: THE IMPACT OF INTERNATIONAL PROSECUTIONS ON WAR CONTINUATION

This Article investigates the political and military conditions under which national governments ... more This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Criminal Court (ICC). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor's Office (OTP) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables, namely a military's inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. I contend that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, inviting ICC scrutiny is in fact in their best interest. This Article makes a threefold contribution to the lasting debate on 'Peace v. Justice.' First, it emphasizes state agency in the processes of norm exploitation and subversion. Second, it sheds new light on the tactical use of international laws in the pursuit of broader state strategies. Third, it identifies political and military conditions for the optimal tactical use of international laws. In all, this Article highlights the instrumentality of international laws in prolonging, rather than bringing to an end, internal conflict. In so doing, it urges scholars and practitioners to rethink the relationship between the concepts of 'justice' and 'peace,' for the former can be used to undercut the latter.

After Ratification: Predicting State Compliance with ICC Treaty Obligations

International Criminal Law Review, 2019

Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state no... more Twenty-one years after the Rome Statute of the International Criminal Court was adopted, state noncompliance with politically-costly legal obligations remains the main barrier to international justice. This article explores two sequential questions: First, why do states ratify the Rome Statute? And second, how likely are their governments to genuinely comply with its provisions? This article employs an original methodology to explore these questions, combining a survey of diplomats posted to the UN Headquarters with thirty-seven structured interviews. Study results show that the (in)sincerity of state commitment reliably predicts future compliance with treaty obligations. Three main conclusions can be drawn from this study. First, it is crucial to distinguish between the moment of ratification and that of actual obligation. Second, the lawyerly assumption that state motives do not matter lacks empirical support. Third, the role of regional actors in enhancing compliance from state authorities deserves further recognition.

Pricing Identity: Trade, Soft Power and Chinese Development in the Global South

SSRN Electronic Journal, 2000

Odd Friends: Rethinking the Relationship between the ICC and State Sovereignty

SSRN Electronic Journal, 2000

El Coco does not frighten anymore: ICC scrutiny and state cooperation in Colombia

Legal practitioners and scholars alike widely regard the fourteen-year-long preliminary examinati... more Legal practitioners and scholars alike widely regard the fourteen-year-long preliminary examination in the situation of Colombia as a successful instance of positive complementar-ity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have adopted and implemented several legislative and judicial measures aimed at curbing impunity for perpetrators of international crimes and other gross violations of human rights. Moreover, the successful completion of the Colombian peace process suggests that peace and justice are not incompatible goals. That said, how much credit can the International Criminal Court (ICC) claim for this positive outcome? And how did ICC-state relations develop over time? Drawing on in-person interviews carried out by the author during a research trip to Bogotá, this paper conducts a within-case analysis of the situation of Colombia over fourteen years (2004-2017), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC-state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and international legal obligations through its lasting monitoring and involvement in internal affairs. Besides, while participants in this study agree on the timeliness of ICC intervention in Colombia's domestic situation, they are almost evenly split on their assessments of the Court's performance over time. Also, this study identifies two critical junctures when the OTP could have realistically opened an official investigation. The first occurred during the Uribe administration, after the 'false positives' scandal officially broke out. At that time, the administration was under heavy pressure from external actors, the ICC being one of these, that cast doubt on its willingness to genuinely investigate and prosecute state agents and paramilitary members. The second happened in late summer 2013, after the magazine Semana broke the news on Bansouda's letters and the Constitutional Court largely defied her unsolicited advise, upholding the LFP's conformity with international law. Finally, interviewees tend to agree that, upon giving 'green light' to the finalized peace accords in early September 2016, the ICC has at best a marginal role in Colombia's politics.

Gbagbo's Lost Bet: When Inviting External Judicial Scrutiny Backfires

International Journal of Human Rights, 2019

After spending seven years in pre-trial detention and still unable to return home pending the app... more After spending seven years in pre-trial detention and still unable to return home pending the appeal of his acquittal, former Ivorian President and strongman Laurent Gbagbo has certainly come to regret accepting the International Criminal Court (ICC)'s jurisdiction back in April 2003. Drawing on in-person interviews carried out during a research trip to Abidjan, this paper conducts a thorough analysis of the situation in Côte d'Ivoire over sixteen years (2003–2019), exploring the motives of Gbagbo's decision and tracing the evolution of ICC-state relations. Preliminary findings suggest: first, then-President Gbagbo likely opened the door to ICC scrutiny due to the prospect of stigmatizing his enemies as war criminals. Second, the looming threat of ICC indictment likely strengthened Gbagbo's resolution to hold on to power despite his defeat in the 2010 presidential elections. Third, externally-sponsored regime change ushered in a cooperative phase of ICC-state relations. Finally, since Gbagbo's transfer to the ICC in November 2011, the Ouattara Administration has had a vested interest in strengthening judicial capacity, thus preventing key figures of the current government from following Gbagbo's fate.

Odd Friends: Rethinking the Relationship Between the ICC and State Sovereignty

This paper discusses how delegating criminal jurisdiction to the ICC can enhance -- rather than u... more This paper discusses how delegating criminal jurisdiction to the ICC can enhance -- rather than undermine -- state sovereignty. I hereby posit national governments resort to international adjudication when they experience a dramatic gap between de jure and de facto sovereignty -- not unlike an individual who claims property over a good, but does not enjoy possession thereof. Investing the ICC with jurisdiction does not simply reaffirm legal sovereignty, but also undermines externally-sponsored power-sharing agreements which de facto legitimize insurgent grievances. Through within-case analyses of the Democratic Republic of Congo (DRC) and Côte d'Ivoire situations, this paper adds to the scholarship on the legalization of international politics, showing that the governments of Kinshasa and Abidjan resisted external pressures by strategically employing international legal means. Generally, this paper aims to emphasize state agency in the relationship between African states and the ICC -- an aspect generally neglected in the scholarship on treaty ratification.

WVPU Syllabus Intro2Comparative Fall

Overview: Why are some countries democra2c and others autocra2c? How do ins2tu2ons and laws diffe... more Overview: Why are some countries democra2c and others autocra2c? How do ins2tu2ons and laws differ among democra2c countries and how do these differences affect poli2cal behavior? How does poli2cal behavior such as ethnic strife, na2onalist fervor and interna2onal interven2on affect the development of poli2cal ins2tu2ons in democracies? Where do new ins2tu2ons come from when poli2cal order has broken down? How and why do people succeed or fail in ac2ng collec2vely? The study of compara2ve poli2cs addresses these and many other ques2ons. Compara2ve poli2cs is about analyzing differences and similari2es among the poli2cal, social and economic features of countries and determining how and why these differences maEer. Learning Objec<ves: This class is an introduc2on to the methods and topics of compara2ve poli2cs. To begin with, the course provides a brief survey of the compara2ve method and of regime types derived from sociologist Max Weber's three categories: patrimonial, legal-ra2onal and charisma2c. Secondly, it compares ins2tu2ons and poli2cal behavior in 36 democra2c countries with considerable help from Lijphart's book, Pa7erns of Democracy. The assigned readings hereby provide conceptual building blocks for studying ins2tu-Course: Prefix CODE/sec2on Introduc2on to Compara2ve Poli2cs

WVPU Syllabus Political Violence Fall 2021 (draft)

Draft Syllabus - Fall 2021 12-week semester

POLS 184 Syllabus Introduction to International Relations (Fall 2020, online)

Class participation (10%): You should complete the assigned readings and actively participate in ... more Class participation (10%): You should complete the assigned readings and actively participate in discussion sections. This portion of your grade is based on both quantity (how often you discuss the readings, ask questions, etc.) and quality (comments based on a careful reading of the material vs. unsubstantiated opinions). Your participation in discussion sections is mandatory, and to this end TAs will keep track of attendance starting on week 2. You will lose one point (out of a total of 10) for every unjustified absence. If you know you will not be able to attend your weekly section due to a justified reason, you must inform/email your TA in advance.

POLS 389: International Criminal Justice: From the Holocaust to Modern-Day Atrocities (Fall 2019)

Syllabus - The United Nations & Other International Organizations

Syllabus Sample - International Organizations, 2019

This course is devoted to understanding the organization of world politics. It is not strictly ab... more This course is devoted to understanding the organization of world politics. It is not strictly about the United Nations (UN) system, though the first half of the course will focus on the so-called UN Galaxy, affiliated agencies and and their roles in shaping world politics. Later in the semester this course will also address peacekeeping operations, international financial and trade institutions (International Monetary Fund, World Bank, and GATT/WTO system), security organizations (NATO and regional equivalents), international adjudicative bodies (including international criminal tribunals), and non-governmental organizations (NGOs). The general objective of this course is to develop the student's capacity to critically examine problems in international organization and global governance, consider the range of possible solutions to those problems, and communicate the results of this analysis to others. The assigned readings explore organizational forms, stability and change, efficacy and dysfunction, among other themes in the study of world politics. 2. Methodology and textbooks The course is taught through lectures and in-class discussions. The relevant materials are indicated for each topic in the course syllabus and will be made available online by the instructor. Students are required to read them carefully before coming to class. Please follow the order in which readings are listed below. Additional readings are also suggested for students who wish to go further on topics of particular interest (see the course Blackboard page).

POLS_300_Syllabus_IHRL_Spring2019.pdf

This course provides a comprehensive introduction to the law, theory, institutions, and practice ... more This course provides a comprehensive introduction to the law, theory, institutions, and practice of international human rights. It will provide a solid grounding in the historical development of international human rights law and related institutions, as well as contemporary developments in the field. We will look at the relationship between domestic legal systems and international human rights law, as well as existing and proposed regional and international human rights regimes. The course will also explore several current debates in the field, including global and regional systems relating to the protection and promotion of, inter alia, the rights of minorities and indigenous peoples, women’s rights, LGBT rights, child rights, social and cultural rights, and the emerging field of corporate human rights responsibility. There are no prerequisites, though an introductory course in international law would be beneficial.

POLS 287: INTERNATIONAL LAW (FALL 2018

The course aims to present a panorama of public international law, which covers principles and ru... more The course aims to present a panorama of public international law, which covers principles and rules that govern the relations between States and the latter’s interactions with other international actors. The course is designed to give students a global understanding of the rules governing international relations and, ultimately, provide them with practical skills in legal reasoning and arguing, research and writing on international issues.
The course will start with an introduction to the international legal order, including a presentation of the specificities of international law as compared to domestic law. It will then focus on core areas of public international law which involve the following questions: Who are the actors in the international legal system and to whom does international law apply? How is international law created and where can it be found? What are the fundamental principles of public international law, besides the multitude of international rules, with a special focus on one of them, namely the prohibition of the use of force? Finally, in case of breaches of international rules, how does international law react to such breaches?

Guilty verdict for Soro puts Ivory Coast on political alert and the ICC back in play

The Conversation, 2020

https://theconversation.com/guilty-verdict-for-soro-puts-ivory-coast-on-political-alert-and-the-i... more

Empty promises? Why State Leaders Renege on the Commitment to the ICC

Justice in Conflict, 2019

https://justiceinconflict.org/2019/10/30/empty-promises-why-state-leaders-renege-on-the-commitmen... more

Flirting with fire: African leaders and international law

The Conversation, 2019

African leaders often behave in a contradictory way towards international laws, and courts. While... more