Assessing the diffusion of international norms : evidence from state incorporation of the Rome statute of the International Criminal Court

Abstract

The International Criminal Court (ICC) represents a compelling example of international governance via formal organizations, since it imposes new and potentially costly obligations on states. International Relations has long been concerned with how institutions affect actor behaviour, yet despite this pedigree, the impact of the ICC has only begun to be systematically explored. This Working Paper contributes to the growing literature on the Court’s efficacy by examining the diffusion of ICC norms in the international system. To do so it presents a new dataset measuring the incorporation of core ICC standards in domestic law. Overall, the evidence suggests only limited adoption of the relevant standards, and consequently important gaps exist in the contemporary grave crimes regime. Moreover, the patterns of state incorporation support tentative hypotheses concerning the adoption of international norms, suggesting that we should be able to anticipate key challenges and opportunities in future efforts to internalize international legal standards.