Abstract

Can the International Criminal Court (ICC) use negotiated settlements to reduce atrocities? To fulfill its mandate of preventing grave crimes, the ICC has favored a strict enforcement approach while eschewing negotiations. Nonetheless, indictees (mis)perceive that they can have their indictments withdrawn, which unintentionally incentivizes indictees to limit violence. I evaluate this dynamic using the weighted regression method generalized synthetic control (GSC) to mitigate endogeneity and data unreliability, which are persistent challenges in analyses of ICC effectiveness. I apply the method to an armed group-level dataset along with a case study of the Lord's Resistance Army. The results indicate that ICC indictments lead to a substantial initial decline in attacks against civilians by armed groups affiliated with indictees, but the attacks return to pre-indictment levels when indictees face sustained punishments. The findings imply that the ICC negotiating settlements could incentivize indictees to refrain from atrocities.

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