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

Published online by Cambridge University Press:  23 January 2013

Hyeran Jo  and
Catarina P. Thomson
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Abstract

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.

Type
Articles
Information
British Journal of Political Science , Volume 44 , Issue 2 , April 2014 , pp. 323 - 355
Copyright
Copyright © Cambridge University Press 2013 

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Footnotes

*

Department of Political Science, Texas A&M University (email: hyeranjo@polisci.tamu.edu); and Strategy and Security Institute, University of Exeter (email: c.p.thomson@exeter.ac.uk), respectively. The authors acknowledge financial support from the Scowcroft Institute at the Bush School of Government and Public Service. They would like to thank the participants of ‘From Commitment to Compliance: The Persistent Power of Human Rights’ workshop (Berlin, 2010) for early feedback on this work. Special thanks are due to Tanja Börzel, Thomas Risse, Katherine Sikkink and Beth Simmons. For helpful discussions, the authors thank Katherine Bryant, Nisha Fazal, Nehemia Geva, Mike Koch, Quan Li, Cliff Morgan, James Morrow, Idean Salehyan and Ahmer Tarar. The authors are also indebted to one of the Editors, Kristian Gleditsch, and the four anonymous reviewers for their detailed and insightful comments, from which this article has greatly benefited. An online appendix is available at http://dx.doi.org/doi:10.1017/S0007123412000749. Data replication set available at: http://www-polisci.tamu.edu/faculty/jo/

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47 The PRIO dataset treats multiple groups as one opposition organization when these groups share organizational aims. We also disaggregated the groups at the level of non-state actors and analysed the data using the same specifications. The results do not change much with the disaggregation of units. The results are on file with the authors.

48 For instance, during the years 1999, 2000 and 2001 the government of the Democratic Republic of Congo/Zaire faced two armed opposition groups: the Rally for Congolese Democracy (RCD) and the RCD-Liberation Movement. Both groups are closely affiliated and therefore have been grouped by PRIO as corresponding to the rebels for whom Democratic Republic of Congo/Zaire was fighting 1999, 2000, 2001. However, the groups differ when it comes to their military strength. The RCD has a rebel strength measure of 3 (parity), while the RCD-Liberation Movement has a rebel strength measure of 1 (much weaker than the government it opposes). We coded 3 as the high value for this strength variable, and 1 as the low estimate.

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73 Morrow, ‘When Do States Follow the Laws of War?’

74 This is consistent with Morrow's finding that evidence of reciprocity is weak when it comes to the treatment of prisoners of war, compared to other issues such as aerial bombardment in interstate wars.

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83 Developing governance functions takes time and, therefore, long-standing groups are more likely than younger rebel organizations to possess these functions. However, the longevity of a rebel group and its propensity to offer its supporters services that governments usually provide are two independent processes. Consider, for example, the case of Sendero Luminoso, a significant rebel force in Peru that appears in our dataset from 1991 to 1999. Although they were certainly a long-standing group, they never granted the ICRC visitation rights. We have additional evidence comparing access behaviour of rebel organizations fighting in conflicts of short and long duration. We find that rebel groups involved in short and long conflicts do not behave very differently when it comes to their access behaviour. This evidence is on file with the authors.

84 Spearman rank statistics show several legitimacy indicators are significantly correlated. For instance, transnational support and domestic mobilization capacity are significantly correlated with the rank statistic of 0.376.

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