[...] What seems to be the greatest puzzle about the “ICC-story” is the fact that the Statute
was adopted despite US opposition. It seemed impossible that an independent court
could be created without the support of the US. And it is indeed remarkable that so
many states agreed on a strong, independent ICC although the US also launched an active
campaign against it and tried to pressure states into signing bilateral agreements in
order to prevent US citizens from becoming subjects to ICC jurisdiction. But, in my
opinion, this is not the only puzzle, because there was another state that acted differently
than expected. This state is Jordan, who was the only Arab state not only to support the
ICC but also to join the Like-Minded Group prior to the conference. It is not surprising
that authoritarian regimes opposed the court. It is surprising however, that Jordan was
the exception to that rule and I think that decision deserves to be examined further.
While republican liberalism offers an explanation to US behavior regarding the ICC, it
fails at explaining the Jordanian case. It predicts that authoritarian regimes will side
with well established democracies in opposition to binding international human rights regimes. Although this did not count for Jordan, I still think that liberalism can explain
why the Kingdom supported the ICC. In order to prove this hypothesis, I will outline the
basic assumptions of (republican) liberalism. Afterwards I will briefly describe the
political, economic and societal situation in Jordan in order to identify the aspects
needed to apply the theory. Finally, I will show how liberalism can explain why Jordan
as an authoritarian regime supported the ICC although it was not “supposed to”.
Table of Contents
1. Introduction
2. The International Criminal Court
2.1 The Rome Conference
2.2 Institutional Design
3. Liberalism
3.1 Core Assumptions
3.2 Republican Liberalism and Human Rights Regimes
4. Explaining the Jordanian Puzzle with Liberalism
4.1 Political System
4.2 Civil Society and Public Opinion
4.3 Economic Situation
4.4 Jordan's Position Towards the ICC
5. Conclusion
Research Objectives and Topics
The primary objective of this work is to examine why Jordan, as an authoritarian regime, supported the International Criminal Court (ICC), despite the republican liberalist prediction that dictatorships would oppose such binding human rights regimes. The research analyzes domestic factors, political structures, and economic pressures to explain this deviation from standard theoretical expectations.
- Theoretical application of republican liberalism to the case of Jordan.
- Analysis of the ICC's institutional design and the negotiations in Rome.
- Examination of Jordan's political system and the role of the Hashemite monarchy.
- Evaluation of the influence of public opinion and socio-economic dependencies on foreign policy.
- Investigation into Jordan’s strategic alignment with Western allies through international institutions.
Excerpt from the Book
4. Explaining the Jordanian Puzzle with Liberalism
According to republican liberalism, Jordan as a dictatorship should have opposed a permanent international criminal court at the Rome Conference – just like the rest of the MENA states. But instead, Jordan did not only support the ICC, it was also a member of the LMG right from the beginning and therefore even advocated a court stronger and more independent than intended in the ILC-draft. Although Jordan's position seems to contradict the republican liberalist hypothesis that dictatorships always oppose binding human rights regimes, liberalism can still explain why this is not the case here. As the interests and demands of dominant social actors shape and influence state preferences, I will briefly outline relevant political, societal and economic features of the Kingdom to identify the interests that led to the decision to join the LMG.
4.1 Political System
According to Schlumberger's classification of MENA regimes, Jordan is a traditional authoritarianism (2002: 10, figure 1). The Hashemites are the ruling royal family. They gain legitimacy through religion, explicitly through reference to their lineage to the Prophet Mohammad (Milton-Edwards/Hinchcliffe 2009: 106). Executive power has always been concentrated in the palace, meaning that decision-making takes place in the Hashemite family and its small group of advisors (Yom 2009: 152). The constitution determines that the government is responsible “for 'administering all affairs of the State, internal and external'” (Milton-Edwards/Hinchcliffe 2009: 96). Since the constitution transmits all responsibilities of internal and external affairs to the government and ultimate authority in foreign policy-making to the King alone, he can ignore criticism or opposite views (ibid.) Jordanian foreign policy has always been Western oriented; the Hashemite regime has always been more pro-Western even than its own people (Milton-Edwards/Hinchcliffe 2009: 117).
Chapter Summaries
1. Introduction: This chapter introduces the historical development of the International Criminal Court and identifies the Jordanian decision to support it as a theoretical puzzle.
2. The International Criminal Court: This section details the negotiation process during the Rome Conference and the subsequent institutional framework of the ICC.
3. Liberalism: This chapter provides the theoretical foundation, focusing on core assumptions of liberalism and specifically the republican variant regarding human rights.
4. Explaining the Jordanian Puzzle with Liberalism: This section applies the theoretical framework to Jordan, examining its political, societal, and economic context to explain its support for the ICC.
5. Conclusion: The concluding chapter synthesizes the findings, arguing that domestic elite interests and a strategic desire to strengthen Western ties motivated Jordan’s foreign policy decision.
Keywords
International Criminal Court, Jordan, Liberalism, Republican Liberalism, Foreign Policy, Hashemite Kingdom, Human Rights Regimes, Rome Conference, Middle East, International Relations, Political Economy, State Preferences, Authoritarianism, Like-Minded Group, Foreign Aid.
Frequently Asked Questions
What is the core focus of this research?
The work investigates the discrepancy between the behavior of the Jordanian regime regarding the International Criminal Court and the predictions of republican liberalist theory.
What are the central thematic fields addressed?
The key themes include international justice, the theory of republican liberalism, Middle Eastern political systems, and the intersection of domestic politics and foreign policy.
What is the primary research question?
The research asks how the Jordanian government’s decision to support the ICC can be explained using a liberal perspective, given that it contradicts the theory's expectation that authoritarian regimes oppose such institutions.
Which scientific method is utilized?
The author uses a qualitative, theory-driven case study approach, applying the theoretical framework of republican liberalism to analyze empirical data regarding Jordan's foreign policy.
What is examined in the main body of the text?
The main body covers the history and design of the ICC, the theoretical tenets of liberalism, and an in-depth analysis of Jordan's political, social, and economic situation.
Which keywords best describe the paper?
The paper is best defined by terms like International Criminal Court, Jordan, Liberalism, Foreign Policy, and Authoritarianism.
How does the author define the "Jordanian Puzzle"?
The "Jordanian Puzzle" refers to the fact that Jordan, as an authoritarian state, supported the ICC and joined the Like-Minded Group, which was contrary to the behavior of other similar regional regimes.
What role does the Jordanian-Israeli peace treaty play in the analysis?
The treaty is highlighted as a source of domestic tension that the King potentially sought to mitigate or balance by aligning with international norms through the ICC.
What influence does the US have on Jordanian foreign policy according to the author?
Jordan is heavily dependent on US financial aid, which influences its alignment, but the author argues that Jordan's support for the ICC was a strategic move to diversify its international ties.
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- Anna Fuchs (Autor:in), 2012, The International Criminal Court from a Liberal Perspective, München, GRIN Verlag, https://www.grin.com/document/210631
