State Compliance With International Humanitarian Law

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State Compliance With International Humanitarian
Law
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Announcements

• Module 3 Syllabus
• Class Next Wednesday, Not Tuesday
• Homework Due Next Friday
• Online MidTerm Teaching Evaluation
• Policy Memo Feedback
• Answer the question asked
• Address your audience
• Weigh legality against political costs / benefits

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CIVIC
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Module 3The Politics of Implementing IHL

• What Makes it Likelier for Actors to Comply With
  the Rules?
• Week 10 State Compliance w/ International Law
• Week 11 Influencing Weapons-Bearers
• Preventing IHL Violations
• Week 12 Humanitarian Intervention
• Punishing IHL Violations
• Week 13/14 Politics of War Crimes Tribunals

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Today

• Theories of State Compliance W/ Intl Law
• Rationalism Realism v. Liberalism
• Constructivism
• Shannons Political Psychology Model
• James Morrow When Do States Follow the Laws of
  War?
• Discussion
• What does post-9/11 US history suggest about the
  relationship between norms, interests and power?

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When Will States Comply?

• Realism
• Norms Are Nothing But Smoke-Screens
• Logic of Power and Interests
• Liberalism
• Norms Constrain If Enforced
• Logic of Consequences
• Constructivism
• Norms Constitute Actor Interests / Identities
• Logic of Appropriateness

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Vaughn Shannon Norms Are What States Make of
Them

• If the situation is plausible for states to
  claim exemption, they violate otherwise they are
  constrained.
• - Shannon, p. 293

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James Morrow When Do States Follow the Laws of
War?

• Ratification by democracies, but not
  non-democracies, correlates with greater
  compliance. Joint ratification strengthens
  reciprocity for all regime types.
• - Morrow, p. 559

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?

• Why, given the rhetorical, moral and legal
  status of this prohibition, is torture being
  debated, contemplated and even resurrected as an
  unsavoury but allegedly necessary course of
  action in this counter-terrorist era?
• - Rosemary Foot, 2006, p. 1

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The consequences of this US behavior are
devastating for the torture norm. - Foot, p.
139
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Which general theory of international norms best
explains compliance with the anti-torture norm
since 9/11?
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?