States' Obligations Upon Signing a Treaty Granting Jurisdiction to an International Criminal or Human Rights Tribunal

Emma Brandon's doctoral research investigates the obligations that states have when they have signed but not yet ratified a treaty granting jurisdiction to an international criminal or human rights tribunal.

About the project

Without their own police forces, the International Criminal Court and regional human rights tribunals rely on states to facilitate their investigations and ensure enforcement of their decisions. At the same time, many powerful and relevant states such as the United States and Sudan have signed but not ratified the treaties that establish these tribunals and, therefore, their exact legal obligations to assist these tribunals are unclear. This project aims to clarify the obligations of these states so that these tribunals have a strong legal argument to ensure that these states provide vital assistance to the tribunals. The clarification will provide for the confident and consistent enforcement of these obligations against states who are often reluctant to comply.

Objectives

This project will:

  1. Clarify the exact obligation that states have under the law of treaties when they sign but do not ratify the treaties that establish international criminal and human rights tribunals;
  2. Clarify the obligations that states generally have under human rights law to cooperate with international criminal and human rights tribunals;
  3. Combine these obligations to determine the exact set of obligations that states have when they have signed but not ratified the treaties that establish international criminal and human rights tribunals; and
  4. Recommend how tribunals and advocates may use these legal obligations to ensure cooperation and assistance from relevant states.

Financing

This project is supported by the Research Council of Norway through its Centres of Excellence funding scheme (project number 223274 - PluriCourts Centre) and the FRIPRO Young Research Talents (project number 274946 - State Consent to International Jurisdiction, Prof. dr. Freya Baetens).

Published Jan. 8, 2019 2:57 PM - Last modified Jan. 8, 2019 2:57 PM