Enforcing cooperation: Did the drafters approach it the wrong way?

Abstract

Non-compliance with requests from the International Criminal Court (ICC) for cooperation ç mainly arrest warrants and orders for surrender of persons ç appears to be an increasing concern. The author illustrates the cooperation model underlying the ICC Statute and highlights the limitations of what he describes as the 'harmony approach' which the drafters had in mind. He then shows a number of perplexing issues in the Court's case law on non-compliance, and emphasizes distinctions to be made between political, administrative and judicial aspects of non-cooperation proceedings. Finally, he argues in favour of a more robust role for the Assembly of States Parties (ASP) and suggests a system of reactions to non-cooperation which the ASP should adopt.