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Download Thesis This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ INTERNATIONAL CRIMINAL JUSTICE, QUASI-STATE ENTITIES AND LEGITIMACY THE IMPACT OF INTERNATIONAL CRIMINAL JUSTICE ON QUASI-STATE ENTITIES Dijxhoorn, Ernst Edward Alexander Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 03. Oct. 2021 INTERNATIONAL CRIMINAL JUSTICE, QUASI-STATE ENTITIES AND LEGITIMACY: THE IMPACT OF INTERNATIONAL CRIMINAL JUSTICE ON QUASI-STATE ENTITIES ERNST E. A. DIJXHOORN SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY APRIL 2014 SUPERVISORS: PROFESSOR JAMES GOW AND DR RACHEL KERR ABSTRACT International criminal justice can have intended and unintended impact on the legitimacy of quasi-state entities (QSEs). ‘Quasi-state entity’ is a novel concept introduced to distinguish actors in statehood conflicts that aspire to statehood, fulfil statehood functions to a greater or lesser degree, including, notably, the capacity and willingness to employ organised, restrained coercive violence, but which lack the status of sovereign statehood. QSEs overlap with, but are importantly and conceptually distinct from, nationalist movements, de facto states and rebels or insurgents. Legitimacy is a prerequisite for success, both for QSEs and for state entities. The legitimacy of an entity, its institutions and actions, in a certain constituency, at a certain moment, is difficult to ascertain, in its positive form. Legitimacy is best gauged by its actual or potential absence, at moments where an entity faces legitimacy crises, and where impact can be gauged through empirical observation of behaviour and in changing narratives and counter-narratives of legitimacy. International criminal procedures present direct legitimacy challenges for QSEs and (or) their adversaries. Legitimacy crises reveal both intended and unintended effects of international criminal justice on the legitimacy – and, so, the success, of QSEs. 2 CONTENTS ABSTRACT........................................................................................................2 ACKNOWLEDGEMENTS ................................................................................6 ABBREVIATIONS.............................................................................................8 CHAPTER I. INTRODUCTION ...................................................................11 CONCEPTS: QUASI-STATE ENTITIES; INTERNATIONAL CRIMINAL JUSTICE; CRITICAL LEGITIMACY................................................................15 INTERNATIONAL CRIMINAL JUSTICE .........................................................19 FRAMEWORK AND METHODS......................................................................30 THE THESIS .....................................................................................................35 CHAPTER II. INTERNATIONAL CRIMINAL JUSTICE...........................45 THE HISTORY OF INTERNATIONAL CRIMINAL JUSTICE .........................47 THE PURPOSE OF INTERNATIONAL CRIMINAL JUSTICE........................65 CHAPTER III. LEGITIMACY AS SUCCESS FOR QUASI-STATE ENTITIES 92 QUASI-STATE ENTITIES.................................................................................95 CRITICAL LEGITIMACY ..............................................................................117 CHAPTER IV. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA AND THE IMPACT ON LEGITIMACY IN KOSOVO 138 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: THE REINCARNATION OF INTERNATIONAL CRIMINAL JUSTICE..........................................................................................................141 THE KLA AND KOSOVO ...............................................................................151 THE MILOŠEVIĆ INDICTMENT...................................................................160 THE PIVOTAL MOMENT: THE INDICTMENT TRANSFORMS ARMED CONFLICT AND THE SERBIA-KOSOVO LEGITIMACY EQUATION ........165 THE IMPACT OF THE ICTY ON LEGITIMACY AND KOSOVO’S STATEHOOD PROJECT ................................................................................183 CHAPTER V. THE SPECIAL TRIBUNAL FOR LEBANON AND THE LEGITIMACY OF HEZBOLLAH.................................................................187 THE SPECIAL TRIBUNAL FOR LEBANON..................................................190 HEZBOLLAH AND LEBANON .....................................................................206 THE ASSASSINATION OF RAFIK HARIRI AND THE END OF ‘PAX SYRIANA’........................................................................................................222 LEAKS, RUMOURS, AND INDICTMENTS ...................................................230 THE IMPACT OF THE STL ON HEZBOLLAH: A QUASI-STATE ENTITY CUM POLITICAL PARTY ..............................................................................237 CHAPTER VI. THE INTERNATIONAL CRIMINAL COURT, AND THE SELF-REFERRAL OF THE SITUATION IN NORTHERN MALI .............257 THE INTERNATIONAL CRIMINAL COURT: A DECISIVE BLOW FOR IMPUNITY? ...................................................................................................260 THE NATIONAL MOVEMENT FOR THE LIBERATION OF AZAWAD AND THE CONFLICT IN NORTHERN MALI ........................................................296 THE SELF-REFERRAL OF THE SITUATION IN NORTHERN MALI TO THE ICC ..................................................................................................................309 4 ACCEPTING JURISDICTION: THE ICC AS A COURT OF CONVENIENCE FOR STATE PARTIES ....................................................................................312 IMPACT OF THE ICC INVESTIGATION ON THE CONFLICT IN MALI ...320 CHAPTER VII. CONCLUSION ...............................................................................................332 POLITICS, JUSTICE, POLITICS ...................................................................335 QUASI STATE ENTITIES ...............................................................................340 LEGITIMACY AS SUCCESS...........................................................................343 THE IMPACT OF INTERNATIONAL CRIMINAL TRIBUNALS ON QUASI- STATE ENTITIES............................................................................................345 THE ANALYSIS OF CRITICAL LEGITIMACY MOMENTS TO GAUGE THE IMPACT OF INTERNATIONAL CRIMINAL JUSTICE .................................352 BIBLIOGRAPHY ...........................................................................................361 5 ACKNOWLEDGEMENTS The encouragement and support from the people around me meant that I never felt writing this doctoral dissertation was a lonely process. First, I would have never even dreamed about doing a PhD without the encouragement from my supervisor and friend Prof. James Gow. Both on a personal and academic level I am very much indebted to James for his invaluable guidance from the day I first entered the Strand building, and I hope to benefit from his advice for years to come. From across the Atlantic, my second supervisor Rachel Kerr helped to develop my ideas about this dissertation, especially about the ICTY and Kosovo. I have ‘Funmi Olonisakin and James Gow to thank for the chance to work on an edited volume on militants in West Africa. The students I taught over the last three years taught me more than they would suspect, and I hope I managed to pass on my enthusiasm about War Studies to them in return. Many people in the Department of War Studies deserve my gratitude, but two of them especially, Mark and Fernande, made my time there so much more enjoyable. Without my family supporting and advising me in every possible way it would have been impossible to do a PhD, or anything else for that matter. I am filled with gratitude for the unremitting support my fantastic parents, Marie-Thérèse and Edward, gave me. They always led by example, and from a very early age taught me always to keep asking questions. I would like to thank my sister Anne-Floor, not in the least for always welcoming me with open arms when back in Amsterdam. Over the last few years Aernout made me feel at home in The Hague and greatly encouraged my academic endeavours. Dolf, I cannot thank enough for all the books. My friends Hanno and Alexander also owe my gratitude; they made Colville Houses a real home and
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