Dijxhoorn - Quasi-state entities and international criminal justice legitimising narratives and counter-narratives

This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs).

In order to do so, the concept of quasi-state entity is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation.

This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

Ernst Dijxhoorn is Teaching and Research Fellow at the Department of War Studies at Kings College London. He is co-editor of Militancy and Violence in West Africa (with James Gow and Funmi Olonisakin, Routledge 2013).

Series Editors: James Gow
and

Rachel Kerr

Kings College London

This series focuses on new research across the spectrum of international peace and security, in an era where each year throws up multiple examples of conflicts that present new security challenges in the world around them.

Mechanistic Realism and US Foreign Policy
A new framework for analysis
Johannes Gullestad R

Prosecuting War Crimes
Lessons and legacies of the International Criminal Tribunal for the former Yugoslavia
Edited by James Gow, Rachel Kerr and Zoran Paji

The NATO Intervention in Libya
Lessons learned from the campaign
Edited by Kjell Engelbrekt, Marcus Mohlin and Charlotte Wagnsson

Truth Recovery and Transitional Justice
Deferring human rights issues
Iosif Kovras

Reconstructing Afghanistan
Civil-military experiences in comparative perspective
Edited by William Maley and Susanne Schmeidl

Strategic Narratives, Public Opinion and War
Winning domestic support for the Afghan War
Edited by Beatrice De Graaf, George Dimitriu and Jens Ringsmose

Liberal Wars
Anglo-American strategy, ideology, and practice
Edited by Alan Cromartie

Prosecuting Slobodan Miloevi
The unfinished trial
Nevenka Tromp

Media Strategy and Military Operations in the 21st Century
Mediatizing the Israel Defence Force
Michal Shavit

Ethics, Law and Justifying Targeted Killings
The Obama administration at war
Jack McDonald

Quasi-State Entities and International Criminal Justice
Legitimising narratives and counter narratives
Ernst Dijxhoorn

Ernst Dijxhoorn

To Jo

During the research for this book, many encouraged, helped and advised me, however this book would never have been written without the enthusiastic support of my mentor and friend, James Gow. Both on a personal and academic level I am very much indebted to James for his help and advice. Many other people in the Department of War Studies at Kings College London also deserve my gratitude, especially Rachel Kerr, Funmi Olonisakin and Guglielmo Verdirame who gave me the chance to work on various research projects over the years. The Department gave me the opportunity to teach, and it is by teaching that students educate me more than they would suspect; I hope to pass on some of my enthusiasm for war studies and international law in return. Without my familys encouragement and advice I would not have been able to finish this book. I am filled with gratitude for the unremitting support my parents, Marie-Thrse and Edward, gave, and continue to give, me. I would like to thank my sister Floor, not in the least for always welcoming me with open arms, together with Onno, whenever I am back in Amsterdam. Over the last few years Aernout made me feel at home in The Hague and greatly encouraged my academic endeavours. I would like to thank Hannah Ferguson and Andrew Humphrys at Routledge for their support and patience. Last, but certainly not least, I am extremely fortunate to have Jo in my life, and very thankful for her unrelenting support, encouragement and advice.