ABSTRACT
Why did states decide to create the International Criminal Court (ICC) and design the institution with an enforcement mechanism that is so uniquely strong in the context of the international human rights regime? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? What states comprise the court’s membership? Are states with bad domestic human rights practices joining the court or do they view the ICC’s enforcement mechanism as a credible threat and refuse to join because they do not want to be punished for bad and non-compliant behavior? If many of the states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering states’ human rights practices and deterring individuals from committing mass atrocities?
