Backlash and international human rights courts

Abstract

Non-compliance with, and criticism of, the decisions of international human rights courts are commonplace. Sometimes states seek to curtail a court’s authority, by pruning its competences, withdrawing from its jurisdiction, or shutting it down altogether. This chapter examines these more aggressive forms of backlash against three prominent international courts: the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), and the International Criminal Court (ICC). Governments are more likely to engage in backlash against an international human rights court the more its decisions are seen by national leaders as harming their domestic political interests.

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