Featured Scholar: Yvonne Dutton, JD, PhD
Unpacking The International Criminal Court’s Deterrent Effect
Yvonne Dutton’s research examines questions about international cooperation and the role and effectiveness of international institutions in deterring and holding accountable those who commit crimes of international concern. The overarching research question is whether and in what circumstances the International Criminal Court (ICC) produces a deterrent effect in the countries that have joined the court. To explore this question, and with funding from The Hague Institute for Global Justice, two collaborators from The Hague Institute and Dutton conducted a case study of Kenya’s relationship with the ICC over time. That Kenya project involved two trips to Kenya where they: (1) conducted elite interviews, and (2) trained 10 local researchers who have since completed about 480 surveys of “ordinary” citizens in Kenya.
Dutton and researcher Tessa Alleblas from the Hague Institute share some preliminary findings from the case study research in an article entitled “Unpacking the ICC’s Deterrent Effect: Lessons from Kenya” (to be published in 2017 by St. John’s Law Review). Although recent empirical work suggests the ICC has a deterrent effect, the case study evidence reveals the complexities of gauging the ICC’s deterrent power and shows that not all actors are deterred in all situations or in the same ways—or even permanently. Dutton and her collaborators continue to analyze the data collected in order to make policy recommendations to the ICC and other relevant actors aimed at ensuring the ICC can deliver justice to victims of mass atrocities.
Professor Dutton’s work on the effectiveness of the International Criminal Court is another example of how IUPUI faculty are TRANSLATING RESEARCH INTO PRACTICE.
Selected Publications in IUPUI ScholarWorks
With several research works contributed to IUPUI's free, open access repository, Professor Dutton has made translational research knowledge available to professionals, researchers, students, and communities around the world.
Yvonne Dutton and Tessa Alleblas. 2016, April 8. Unpacking the Deterrent Effect of the International Criminal Court: Lessons from Kenya. Poster session presented at IUPUI Research Day 2016, Indianapolis, Indiana. http://hdl.handle.net/1805/9964
Dutton, Y. M. (2014). Recent Developments in Indiana Evidence Law: October 1, 2013 to September 30, 2014. Ind. L. Rev., 48, 1273. http://hdl.handle.net/1805/8178
Yvonne M. Dutton, Crime and Punishment: Assessing Deterrence Theory in the Context of Somali Piracy, 46 Geo. Wash. Int'l L. Rev. 608 (2014). http://hdl.handle.net/1805/5515
Dutton, Yvonne M. & Jon Bellish, Refusing to Negotiate: Analyzing the Legality and Practicality of a Piracy Ransom Ban." Cornell International Law Journal 47 (2014): 299-329. http://hdl.handle.net/1805/5415
Dutton, Yvonne M. "Gunslingers on the High Seas: A Call for Regulation." Duke Journal of Comparative & International Law 24, no. 1 (2013): 107-160. http://hdl.handle.net/1805/4460
Dutton, Yvonne M. "Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in Maritime Piracy Trials." Vanderbilt Journal of Transnational Law 45, no. 5 (2012): 1283-1340. http://hdl.handle.net/1805/4457
Dutton, Yvonne M. "Maritime Piracy and the Impunity Gap: Insufficient National Laws or a Lack of Political Will?." Tulane Law Review 86, no. 5 (2012): 1111-1162. http://hdl.handle.net/1805/4455
Dutton, Yvonne M. "Commitment to International Human Rights Treaties : The Role of Enforcement Mechanisms." University of Pennsylvania Journal of International Law 34, no. 1 (2012): 1-66. http://hdl.handle.net/1805/4458
Dutton, Yvonne M. "Explaining State Commitment to The International Criminal Court: Strong Enforcement Mechanisms as a Credible Threat." Washington University Global Studies Law Review 10, no. 3 (2011): 477-533. http://hdl.handle.net/1805/4456
Dutton, Yvonne M. "Bringing Pirates to Justice: A Case for Including Piracy within the Jurisdiction of the International Criminal Court." Chicago Journal of International Law 11, no. 1 (2010): 201-245. http://hdl.handle.net/1805/4454
Dutton, Yvonne M. "Pirates and impunity: is the threat of asylum claims a reason to allow pirates to escape justice." Fordham International Law Journal 34, no. 2 (2010): 236-295. http://hdl.handle.net/1805/4459