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International Law and Public Attitudes Toward Torture: An Experimental Study

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  • Wallace, Geoffrey P.R.

Abstract

Domestic approaches to compliance with international commitments often presume that international law has a distinct effect on the beliefs and preferences of national publics. Studies attempting to estimate the consequences of international law unfortunately face a wide range of empirical and methodological challenges. This article uses an experimental design embedded in two U.S. national surveys to offer direct systematic evidence of international law's effect on mass attitudes. To provide a relatively tough test for international law, the surveys examine public attitudes toward the use of torture, an issue in which national security concerns are often considered paramount. Contrary to the common contention of international law's inefficacy, I find that legal commitments have a discernible impact on public support for the use of torture. The effect of international law is also strongest in those contexts where pressures to resort to torture are at their highest. However, the effects of different dimensions in the level of international agreements' legalization are far from uniform. In contrast to the attention often devoted to binding rules, I find that the level of obligation seems to make little difference on public attitudes toward torture. Rather, the relative precision of the rules, along with the degree to which enforcement is delegated to third parties, plays a much greater role in shaping public preferences. Across both international law and legalization, an individual's political ideology also exerts a strong mediating effect, though in varying directions depending on the design of the agreement. The findings have implications for understanding the overall impact of international law on domestic actors, the importance of institutional design, and the role of political ideology on compliance with international agreements.

Suggested Citation

  • Wallace, Geoffrey P.R., 2013. "International Law and Public Attitudes Toward Torture: An Experimental Study," International Organization, Cambridge University Press, vol. 67(1), pages 105-140, January.
  • Handle: RePEc:cup:intorg:v:67:y:2013:i:01:p:105-140_00
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    Cited by:

    1. Jonathan A. Chu, 2019. "A Clash of Norms? How Reciprocity and International Humanitarian Law affect American Opinion on the Treatment of POWs," Journal of Conflict Resolution, Peace Science Society (International), vol. 63(5), pages 1140-1164, May.
    2. Christopher W. Blair & Jonathan A. Chu & Joshua A. Schwartz, 2022. "The Two Faces of Opposition to Chemical Weapons: Sincere Versus Insincere Norm-Holders," Journal of Conflict Resolution, Peace Science Society (International), vol. 66(4-5), pages 677-703, May.
    3. Gulnaz Anjum & Adam Chilton & Zahid Usman, 2021. "United Nations endorsement and support for human rights: An experiment on women’s rights in Pakistan," Journal of Peace Research, Peace Research Institute Oslo, vol. 58(3), pages 462-478, May.
    4. David H. Bearce & Thomas R. Cook, 2018. "The first image reversed: IGO signals and mass political attitudes," The Review of International Organizations, Springer, vol. 13(4), pages 595-619, December.
    5. Eva‐Maria Trüdinger & Achim Hildebrandt & Sebastian Jäckle & Jonas Löser, 2021. "Responding to Policy Signals? An Experimental Study on Information about Policy Adoption and Data Retention Policy Support in Germany," Social Science Quarterly, Southwestern Social Science Association, vol. 102(2), pages 830-843, March.
    6. Kevin L. Cope & Charles Crabtree, 2020. "A Nationalist Backlash to International Refugee Law: Evidence from a Survey Experiment in Turkey," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 752-788, December.
    7. Andrew Bell, 2022. "Combatant socialization and norms of restraint: Examining officer training at the US Military Academy and Army ROTC," Journal of Peace Research, Peace Research Institute Oslo, vol. 59(2), pages 180-196, March.
    8. Ryan M. Welch, 2019. "Domestic politics and the power to punish: The case of national human rights institutions," Conflict Management and Peace Science, Peace Science Society (International), vol. 36(4), pages 385-404, July.
    9. Viskupič Filip, 2020. "More Valuable than Blood and Treasure? Experimental Evidence on the Impact of Status on Domestic Preferences for Military Intervention," Peace Economics, Peace Science, and Public Policy, De Gruyter, vol. 26(4), pages 1-20, December.
    10. Thorin M. Wright, 2020. "Revisionist Conflict and State Repression," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 23(1), pages 49-72, March.

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