Steven D. Roper

How effective are international criminal tribunals? An analysis of the ICTY and the ICTR

Abstract The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were established by the United Nations in 1993 and 1994 to apprehend and try individuals suspected of committing war crimes including genocide. The crimes that are prosecuted by these courts are the same, and the structure of the tribunals is also similar (indeed, they both share the same appellate court). However, the mandate of the ICTR is much more narrow and is limited both in terms of the period of time under investigation (one calendar year) as well as being limited to crimes that were committed only in Rwanda. Given the mandate and structure of these tribunals, many question their effectiveness. This article examines these tribunals and measures effectiveness by examining not only the number of indictments that have been handed down but the actual number of individuals apprehended. One of the criticisms of both tribunals is that the lack of success in apprehending suspects diminishes the deterrent effect of the tribunals. Based on a case study of the ICTY and the ITCR, we find that the lack of effective apprehension has reduced the deterrent effect of the tribunals and provided one of the primary justifications for the creation of an international criminal court.

Historical Legacies and Their Impact on Post-Communist Voting Behaviour

OVER THE LAST DECADE THERE HAS BEEN a spirited debate among comparativists as to whether the post-communist transition reflects the earlier transition process in Latin America and Southern Europe or whether it is unique. 1 While the literature is far-ranging and diverse, the central debate is whether the past influences the transition process to such an extent that key comparative concepts such as democratisation or modernisation lose their utility. 2 Transitologists realise that the historical experiences of post-communist countries are distinct from those of Latin American and Southern European countries. However, they question whether these experiences are determinant of behaviour and, especially, of institutions. For example, Przeworski argues that all democratising countries ‘are determined by a common destination, not by different points of departure’. 3 This debate is important because it not only highlights key differences in the interpretation of the institutional choice of regimes but also provides a contrast over the determinants of political behaviour. 4 For transitologists, general factors such as the mode of transition, institutional design and elite bargaining allow the comparison of the post-communist transitions within a broader framework. Those who embrace a legacies perspective argue that the stark differences in behaviour and institutions throughout Eastern Europe demonstrate the limitations of inter-regional as well as intra-regional comparisons. 5 An issue that has figured prominently in this debate is post-communist voting behaviour. One of the implicit assumptions of much of this literature is that socio-economic (development) variables can largely account for post-communist voter choice. More specifically, the economic voting which is so prevalent among electorates in developed countries is also found to be a feature of post-communist electorates. For example, in their analysis of Polish voting Heyns & Bialecki find that socio-economic factors largely accounted for the early support of Solidarity. 6 In seeking to understand the rise of former communist parties, Pacek argues that post-communist electorates engaged in retrospective voting, which punished the incumbent reformers. 7

Burden Sharing in the Funding of the UNHCR: Refugee Protection as an Impure Public Good

The authors apply the theory of collective action and alliance behavior first developed by Olson and Zeckhauser and later extended by Sandler in a series of studies to test whether the nature of refugee protection influences state motivations to provide contributions. The authors investigate whether refugee protection can be viewed as a pure public good with the concomitant problem of free riding leading to suboptimal outcomes or whether contributions provide states private benefits that transform the nature of the good. Using a Heckman selection model, they test for the determinants of state contributions to the United Nations High Commissioner for Refugees and find that refugee protection offers several private benefits, indicating that it is best understood as an impure public good. They conclude, however, that even when states are able to secure these private benefits, it does not necessarily lead to the optimal provision of refugee protection.

From Semi-Presidentialism to Parliamentarism: Regime Change and Presidential Power in Moldova

Abstract This article examines Moldovas constitutional change in 2000 from a semi-presidential to a parliamentary regime and analyses what the Moldovan case tells us about the nature of executive power. One of the interesting issues that this case raises is whether our definition of regime really captures the locus of political power. While Moldova has evolved from a semi-presidential to a parliamentary regime, the president is more powerful under the current regime than previous presidents were in a semi-presidential regime. The consolidation of the presidents party in the parliament explains the concentration of executive power more than constitutional prerogatives.

Understanding Variations in Gulf Migration and Labor Practices

This article examines labor and migration in the Gulf and variations in the legal provisions for workers. Since the 1970s, there has been a significant increase in South and Southeast Asian worker migration to the states of the Gulf Cooperation Council or GCC (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates). Over the last four decades, these migrant workers have replaced Arab migrants throughout the Gulf. In order to deal with the massive influx of these workers, Gulf States have instituted a sponsorship system (kafala) which becomes the legal basis for residency and employment. This article analyzes the kafala system used in each Gulf State and explores the factors which account for differences in the structure and legal basis of the sponsor-employee relationship as well as variations in the application of the system to Arab and non-Arab migrant workers. We find that the economy of the GCC country heavily influences the type of kafala system used.

European Education Reform and Its Impact on Curriculum and Admissions: Implications of the Bologna Process on United States Education

This article explores the European-wide educational reform known as the Bologna Process in order to provide an understanding of the methodology that will be used by European countries to assess course credit hours as well as degree programs. The Bologna Process is culmination of years of educational reform within the European Union (EU) and more generally Europe aimed at harmonizing educational standards to promote student mobility and more recently quality assurance. The Bologna Process will eventually have an important impact on how international admissions offices and ultimately advisors assesses course and credit transfer. This article examines the development of the Bologna Process by first tracing the origins and logic of the European Credit Transder System (ECTS). While the Bologna Process entails sweeping curricula reform, ECTS started out with a narrow mandate to standardize the methodology for credits in order to facilitate student and credit transfer among European universities. The second part of the article explores the Bologna Process and its implication for credit transfer, study abroad and international admissions. While Bologna is still at a nascent stage, it has already engendered important state-level reforms in higher education. The article concludes by examining how this reform is currently being viewed in the US as well as providing some issues of concern for American administrators as sell as advisors.

State Co-operation and International Criminal Court Bargaining Influence in the Arrest and the Surrender of Suspects

While much has been written about the formation of the International Criminal Court (ICC), less attention has been focused on the enforcement capability of the Court. As demonstrated by the history of the ad hoc international tribunals, one of the most pressing problems for international criminal courts is the arrest and the surrender of suspects, which often requires substantial bargaining between the court and the state in which the suspect resides. We develop a classification of the issues which have the greatest impact on the bargaining influence of the ICC to secure the arrest of indictees, and apply this classification scheme to a study of the four ongoing situations at the ICC in order to explore the bargaining environment in which the ICC operates. While many of the cases have features which should assist the ICC in bargaining with the state, the situation in Sudan represents the greatest challenge for the Court.

The differential impact of state finance on the Romanian party system

Abstract This article explores the influence that state finance has had on the Romanian party system by examining the entry and exit of parties throughout the period of 1990 – 2004 and focusing on the number of parties that gained representation in the parliament as well as the party incumbency rate. I find that state finance has had a limited influence on the party system as a whole but has been influential for specific parties. I argue that the influence of state finance partly depends on when the system was introduced. In developing party systems, the influence of state finance on individual parties is more differential.

Donor Motivations and Contributions to War Crimes Tribunals

We investigate why states provide a voluntary contribution to war crimes tribunals despite the fact that these tribunals are located in states that offer few economic and strategic advantages. We view tribunal financing as a form of foreign assistance and place the funding of tribunals within the broader foreign assistance literature to explain the motivations of donor states. We examine voluntary contributions to four tribunals, and our analysis shows that there are differences between the gatekeeper stage and the secondary decision to allocate assistance. However, donors generally make no distinction among tribunals for purposes of foreign assistance. As a consequence, purely voluntarily funded tribunals are at a disadvantage, since they are not seen by states as unique and requiring special consideration. Ultimately, the lack of funding calls into question the ability of these tribunals to provide justice to victims as well as serve as a mechanism for national reconciliation.

The influence of party patronage and state finance on electoral outcomes: Evidence from Romania

Party patronage and party and campaign finance have had a substantial impact on the evolving relationship between Romanian parties and the state. Given that patronage can create clientelistic networks that promote corruption, it is important to understand how patronage is used by parties to control state resources which can be explored through the civil service appointment process, use of local government patronage, the state control of the media and the influence of external monitoring on civil service reform. Party campaign financing (PCF) is a critical example of the party–state relationship, which is often viewed as a means to limit the influence of economic interests and create a more level playing-field among parties. While parties use state resources for electoral gains and as a form of party income, patronage and PCF actually have a modest influence on election outcomes.