The International Criminal Court (ICC) is designed to be a pivotal international judicial instrument to stem impunity. It has, though, been largely constrained in its ability to accomplish its goals. This study investigated the shortcomings of and complaints against the ICC and the wider field of international criminal justice through historical, data-driven, and theoretical lenses to understand the trends and international power dynamics underlying them. Analysis was separated into three distinct time periods (Eras I, II, and a prospective III), roughly spanning between the end of World War II and the present day. Historical analysis of post-war discussions on the development of permanent instruments for international criminal law and of post-Cold War occurrences in the field reveal a pervasive aversion of major powers to this concept. A data-driven analysis of modern Libya and Syria further evidences such aversion, particularly when the major powers’ interests are threatened. This thesis further argues a change in international power dynamics currently taking place, which further complicates the application of international criminal law. The conclusion points to pervasive trends throughout history and, barring further changes to the extant international order, a bleak future for countering impunity through instruments of international criminal justice.
- International Criminal Justice*: A Global Dream Realized & Paralyzed
- Zachary Schwartz
- Chandler Rosenberger (Advisor)
- Brandeis University, Graduate School of Arts and Sciences; Master of Arts (MA)
- Master of Arts (MA), Brandeis University, Graduate School of Arts and Sciences
- Brandeis University
- 10192/36735; 9923879961601921
- Copyright by Zachary Schwartz 2019
- Interdepartmental Program in International and Global Studies
- English
- Thesis