Doctoral Thesis
Obstacles to Justice and the International Criminal Court
Murdoch University
Doctor of Philosophy (PhD), Murdoch University
2025
DOI:
https://doi.org/10.60867/00000076
Abstract
This thesis assesses the influence of non-member states on the ICC and its operations. It explores the nature of this influence, be it through powers enshrined in the Rome Statute or political pressure applied to member states, and whether it is possible to limit the extent to which non-member states can impact the Court. It examines how major powers have selectively recognised international criminal justice norms in certain situations, whilst actively exercising political muscle to intervene and undermine the institutions and processes of the international justice regime in situations that are sensitive to their respective national interests. The methods employed by these states, particularly but not limited to the Permanent Members of the United Nations Security Council (otherwise known as the “P5”), include a combination of private diplomatic negotiation, and more blatant public uses of diplomatic power or technically legal mechanisms available to them in the international system.
Furthermore, this project assesses situations where the ICC should have exercised its jurisdiction but to date has not done so, such as but not limited to Syria, Palestine and Ukraine. The research explores the political motivations that have clearly influenced the Court’s activities since entering into force in 2002. These case studies highlight the clear link between prevailing impunity for perpetrators of war crimes and crimes against humanity, and the consequential escalation and continued commission of such crimes. This thesis adopts a critical theoretical approach by not simply analysing the failings of the ICC, but also proposing options for either reforming the institution, or possible alternatives for addressing war crimes and crimes against humanity in the international system.
Details
- Title
- Obstacles to Justice and the International Criminal Court
- Authors/Creators
- Stuart I McLintock
- Contributors
- Victoria Mason (Supervisor) - Murdoch University, School of Humanities, Arts and Social SciencesIan Douglas Wilson (Supervisor) - Murdoch University, School of Humanities, Arts and Social Sciences
- Awarding Institution
- Murdoch University; Doctor of Philosophy (PhD)
- Publisher
- Murdoch University
- Identifiers
- 991005862491107891
- Murdoch Affiliation
- School of Humanities, Arts and Social Sciences
- Resource Type
- Doctoral Thesis
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