Reaching Inside the State: International Law and Superior Liability

Abstract

With the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), the international community has taken the most decisive steps yet to reach inside the state to protect individuals from and prosecute individuals for violations of international humanitarian law. After outlining the key developments in international law on this subject, I turn to the heart of the paper—an analysis of how these developments in international law should affect theory and research in international relations and comparative politics. To what extent should we expect that the international community would hold individuals accountable? Will individual leaders comply with international law? Most importantly, what factors will influence the level of enforcement of and compliance with international law? I conclude with suggestions as to how research on international law on individual liability should advance.