Dealing with Non-cooperation at the icc: Towards a More Holistic Approach

Bekou, Olympia

Abstract

© 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.

Citation

Bekou, O. (2019). Dealing with Non-cooperation at the icc: Towards a More Holistic Approach. International Criminal Law Review, 19(6), 911-937. https://doi.org/10.1163/15718123-02002001

• Journal Article Type: Article
• Acceptance Date: Oct 14, 2019
• Publication Date: Nov 28, 2019
• Deposit Date: Jan 6, 2020
• Publicly Available Date: Jan 6, 2020
• Journal: International Criminal Law Review
• Print ISSN: 1567-536X
• Electronic ISSN: 1571-8123
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 19
• Issue: 6
• Pages: 911-937
• DOI: https://doi.org/10.1163/15718123-02002001
• Keywords: Political Science and International Relations; Sociology and Political Science; Law
• Public URL: https://nottingham-repository.worktribe.com/output/3677067
• Publisher URL: https://brill.com/view/journals/icla/19/6/article-p911_911.xml