THE FOUNDATION OF THE INTERNATIONAL CRIMINAL COURT THROUGH RATIONALIST LENSES

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2021-8-27
Çolak, Nihal
In the literature on the International Criminal Court (ICC), the understanding that the Court was founded first and foremost thanks to the efforts of non-state actors (NSA), especially non-governmental organizations is predominant. This thesis advances a contrary argument and claims that one ofthe most significant factorsfor the foundation of the Court is the interest and initiative of state actors. As such, the thesis supports the literature on the foundation of the Court that argues that there should be more place for non-constructivist, neorealist, institutionalist, rationalist explanations. This thesis aimed at answering the question “Is the foundation process of the ICC, more of a result of rational state behavior or result of the global civil society/NGO effort?” It investigates the relationship between the foundation of the ICC and state interest in its foundation, as opposed to the more common view that relates it to norms. IR theories of neorealism, realism, and functionalism are consulted to make the argument. The thesis asserts that a state- centric approach best explains the foundation of the ICC. The analysis has shown with proof and detail and concludes that, the foundation of the ICC is a result of state interest in engaging international cooperation through international organizations. Keywords: ICC, state cooperation, international organizations

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Citation Formats
N. Çolak, “THE FOUNDATION OF THE INTERNATIONAL CRIMINAL COURT THROUGH RATIONALIST LENSES,” M.S. - Master of Science, Middle East Technical University, 2021.