Suchergebnisse

© 2019 by Koninklijke Brill NV, Leiden, The Netherlands. The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as well as the relevant jurisprudence, the paper argues that a shift in the way non-cooperation is dealt with is needed. The article shows both the strengths and limitations of the cooperation system. It concludes that the legal responses of the Court require consistency in order to send a coherent message to non-cooperating States. Ultimately, the article argues that in order to successfully address non-cooperation, it would be important to focus on possible synergies between the legal framework, political tools, actions that are available to States and judicial findings by the Court.

AbstractThe fact that the International Criminal Court has not been granted universal jurisdiction exercisableproprio motuhas often been criticized on the basis that it will leave some offences beyond its power to prosecute. This article investigates whether the drafters of the Rome Statute were necessarily wrong in deciding not to grant the court such jurisdiction. It concludes that to have given the Court universal jurisdiction would have been lawful under current international law, and would have provided a welcome reaffirmation of the concept. Still, the nature of the cooperation regime and of the Prosecutor's investigatory remit, would mean that such jurisdiction would be difficult, if not impossible, for the Court to use. As the Court has to operate in a world of sovereign States, not all of whom are sympathetic to it, the drafters' choice was a prudent one.

Legal rules, policy choices and political realities in the functioning of the cooperation regime of the International Criminal Court / Annalisa Ciampi -- The International Criminal Court cooperation regime : a practical perspective from the office of the prosecutor / Pascal Turlan -- Credible and authoritative enforcement of state cooperation with the International Criminal Court / Goran Sluiter and Stanislas Talantsi -- Non-compliance and the law and politics of state cooperation : lessons from the Al Bashir and Kenyatta cases / Lorraine Smith-van Lin -- Practical cooperation challenges faced by the registry of the International Criminal Court / Anne-Aurore Bertrand and Natacha Schauder -- Non-cooperation and the efficiency of the International Criminal Court / Annika Jones -- The place of consultation in the International Criminal Court's approach to complementarity and cooperation / Nicola Palmer -- Cooperation and the International Criminal Court : the freezing, seizing and transfer of assets for the purpose of reparations / Carla Ferstman -- Reflections of the facilitator for cooperation in the Hague working group, 2012-2015 / Anniken Ramberg Krutnes -- A state's experience of cooperation with the International Criminal Court : the case of Belgium / Gerard Dive and julie de Hults -- Strengthening the international criminal court cooperation regime from the European Union's perspective / Christian Behrmann -- Strengthening International Criminal Court cooperation-the role of civil society / Matthew Cannock -- Using 'managerial compliance' to strengthen the International Criminal Court cooperation regime / Emilie Hunter -- Fostering cooperation through technology-driven tools / Olympia Bekou, William E.M Lowe and Daley J Birkett