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This article aims to understand the policies of three major Northeast Asian states toward the Rome Statute and the International Criminal Court (ICC) that it established. Using a unique measurement tool, it traces the interactions of South Korea, Japan, and China with the Court since negotiations on its formation in the late 1990s. Included in this analysis is a focus on how Northeast Asian states have responded to recent efforts to bring North Korea into the Court's orbit for that country's military actions in 2010 and its human rights record over several decades. Data is based on publicly available documents as well as interviews with diplomats, legislators, legal experts, and activists in Japan, South Korea, and China conducted in 2015.
Why do some national governments in East and Southeast Asia receive more transnational scrutiny and pressure on their domestic human rights practices than others? This article argues that transnational human rights reporting is more likely to target states where domestic activists and victims are densely connected with human rights international nongovernmental organizations (INGOs) through a local membership base. Human rights INGOs increase social demands and opportunities for transnational human rights reporting by strengthening local actors’ capabilities to leverage human rights and international solidarity as an advocacy strategy, and by mobilizing them for monitoring and information collection on the ground. Event count analyses of 25 Asian states from 1977 to 2008 find robust support for the theory, using new data on Amnesty International's human rights reporting and human rights INGOs’ local membership base, and controlling for government respect for human rights, regime type, military power, and other factors.
Past studies suggest that domestic public support for compliance with international human rights law can constrain governments to comply with human rights law. But the question remains: Why does the public care about compliance? Using a series of survey experiments in South Korea and the United States, this study finds that constituents are concerned about compliance in one issue area—such as human rights—because they believe it will affect the country's reputation in other domains of international law. Cross-national survey experiments demonstrate that past noncompliance negatively affects the South Korean public's second-order beliefs about the likelihood of future compliance across different issue areas. However, past noncompliance has a limited impact on the US public's first-order beliefs across different domains.