Why Would States Want to Join the ICC? A Theoretical Exploration Based on the Legal Nature of Complementarity

COMPLEMENTARY VIEWS ON COMPLEMENTARITY, Jann Kleffner, Gerben Kor, eds., T.M.C. Asser Press, 2005

38 Pages Posted: 1 Dec 2008

See all articles by Frederic Megret

Frederic Megret

McGill University - Faculty of Law

Abstract

This chapter seeks to explain why states that are at significant risk of having their nationals commit crimes within the ICC's jurisdiction might nonetheless join the Court. It seeks to craft a theory of joining the ICC as being in the national interest of those states, by focusing on complementarity. Joining the ICC can be seen as part of a process of constitutionalization of certain norms, and the international anchoring of an inter-temporal commitment. The article draws on Jon Elster's paradoxes of rationality, and particularly the reinterpretation of the mythology of Ulysses and the sirens.

Keywords: international law, international criminal law, international criminal court, constitutionalization, ulysses

JEL Classification: K33

Suggested Citation

Mégret, Frédéric, Why Would States Want to Join the ICC? A Theoretical Exploration Based on the Legal Nature of Complementarity. COMPLEMENTARY VIEWS ON COMPLEMENTARITY, Jann Kleffner, Gerben Kor, eds., T.M.C. Asser Press, 2005. Available at SSRN: https://ssrn.com/abstract=1308612

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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