ABSTRACT

Despite the prolific growth in tribunal literature that followed the establishment of the ICTY (1993), the ICTR (1994) and the ICC (1998[2002]), examinations of compliance and non-compliance with tribunal orders remain a lacuna in international justice scholarship. This book set out to explain compliance with international criminal tribunal orders through competing theories of IR and IL which can be broadly dichotomized into rationalist and constructivist approaches to compliance (Table 1.1). While the number of state subjects of international criminal tribunal requests and orders remains relatively small, the ICTY offers an opportunity to test theories of compliance across a diverse spectrum of states and territories under international civilian or military administration which were all subject to the same legal regime, the Statute of the Tribunal. Moreover, with the coming into effect of the Rome Statute in 2002, we can expect an ever increasing number of states to come into contact with an emerging international judiciary making compliance focused research agendas ever more relevant to understandings of international justice.1