1 - Progress and Pushback in the Judicialization of Human Rights

Summary

This introductory chapter situates the phenomenon of backlash against the international justice regime within a larger debate about the retrenchment of liberal democratic norms. This chapter considers how international courts gain their authority and contends that international human rights and criminal courts enjoy structural, adjudicative, and moral authority over states and political elites. It is precisely these sources of authority, however, that are the targets of backlash. The chapter goes on to provide a definition of backlash politics, suggesting that backlash is action – not just rhetoric – targeted at the authority of international courts. The chapter then puts that definition into practice by providing a typology of backlash, which includes: (1) withdrawals from international courts; (2) the creation of alternate/substitute justice mechanisms; (3) bureaucratic and budgetary restrictions; and (4) doctrinal challenges. The chapter concludes with a roadmap for the rest of the book.