Impunity or accountability?: an analysis of the effectiveness of article 27 of the Rome statute post al-Bashir

Judd, Thomas Edward

Impunity or accountability?: an analysis of the effectiveness of article 27 of the Rome statute post al-Bashir

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Citació

Judd, T. Impunity or accountability?: an analysis of the effectiveness of article 27 of the Rome statute post al-Bashir. 2025. handle: http://hdl.handle.net/10230/71918

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Resum

This thesis examines whether Article 27 of the Rome Statute has fulfilled its promise of ending impunity for heads of state in the post al-Bashir era. Article 27 removes official capacity as a bar to prosecution before the International Criminal Court, establishing that heads of state do not enjoy immunity before the Court. However, its application and enforcement remain highly contested. The thesis explores whether, despite the clear legal precedent set by the International Criminal Court’s ruling in al-Bashir, Article 27 functions more as a symbolic provision than an enforceable rule. Through legal analysis and case studies, including recent warrants against Vladmir Putin, Benjamin Netanyahu, and Rodrigo Duterte, this thesis assesses both the reach and limitations of Article 27 in practice. It finds that although the al-Bashir and Jordan non-compliance rulings clarified that Article 27 overrides head of state immunity even for non-State Parties, enforcement remains fragmented. International Criminal Court State Parties continue to resist co-operation when politically inconvenient, and non-State Parties often reject the International Criminal Court’s authority entirely. The thesis also examines the interaction between Articles 27 and 98, sovereignty-based resistance, selective justice concerns, and geopolitical challenges. Despite these barriers, Article 27 continues to shape expectations around accountability and impunity, even if it falls short of full enforcement. It concludes that Article 27 has not yet achieved its promise of ending impunity, but it remains normatively powerful. Its symbolic value could still evolve into a binding custom, provided that states act in accordance with its principles. The thesis argues that a combination of institutional reform, diplomatic engagement, and support for domestic capacity-building will be necessary for Article 27 to shift from a symbolic norm into a functional tool of international criminal accountability that ends impunity for heads of state and aids in realising the International Criminal Court’s mandate.