Divergent Incentives for Dictators

Abstract

Although they are arguably the worst violators of human rights, dictators sometimes commit to international human rights treaties like the United Nations Convention Against Torture (CAT) to appease their domestic opposition. Importantly, however, executives facing effective judiciaries must anticipate ex post costs that can arise when international treaties are likely to be enforced domestically. This suggests that one domestic institution—a political opposition party—may provide a dictator with incentives to commit to international human rights treaties and violate human rights, while another—an effective domestic judiciary—may constrain the dictator’s ability to violate human rights and incentivize him to avoid international commitment. How do dictators make choices about commitment to human rights law and respect for human rights when they face conflicting domestic incentives? Furthermore, how do these divergent incentives affect compliance when dictators do commit to international treaties? In this article, I argue that the domestic incentives dictators face to support the CAT and engage in torture are moderated in countries with effective domestic judiciaries.