Legitimacy and Compliance with International Law: Access to Detainees in Civil Conflicts, 1991–2006

Existing compliance research has focused on states’ adherence to international rules. This article reports on state and also non-state actors’ adherence to international norms. The analysis of warring parties’ behaviour in granting the International Committee of the Red Cross (ICRC) access to detent...

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Bibliographic Details
Published in:British journal of political science 2014-04, Vol.44 (2), p.323-355
Main Authors: Jo, Hyeran, Thomson, Catarina P.
Format: Article
Language:English
Subjects:
Armed conflict
Audiences
Central Government
Civil actions
Civil war
Civil wars
Compliance
Conflicts
Democracy
Foreign Aid
Geneva Conventions
Government
Grants
Humanitarianism
Insurgency
International agreements
International community
International Conflict
International law
International Organizations
International relations
Legitimacy
Military strength
Missing data
National government
Non state actors
Norms
Political parties
Political science
Politics
Prisoner treatment
Red Cross
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Summary:Existing compliance research has focused on states’ adherence to international rules. This article reports on state and also non-state actors’ adherence to international norms. The analysis of warring parties’ behaviour in granting the International Committee of the Red Cross (ICRC) access to detention centres between 1991 and 2006 shows that both governments and rebel groups adhere to the norm of accepting the ICRC in order to advance their pursuit of legitimacy. National governments are more likely to grant access when they are democracies and rely on foreign aid. Insurgent groups are more likely to grant access when they exhibit legitimacy-seeking characteristics, such as having a legal political wing, relying on domestic support, controlling territory and receiving transnational support.
ISSN:0007-1234
1469-2112
DOI:10.1017/S0007123412000749