An Examination of the Enforcement Mechanisms for State Cooperation with the International Criminal Court
Subject Areas : International Environmental Law
Leila raisi Dezki
1
,
Ali Kiani
2
1 - Department of Law, Khorasgan Branch, Islamic Azad University, Isfahan, Iran.
2 -
Keywords: Security Council, State Parties, Non-State Parties, International Criminal Court (ICC),
Abstract :
The absence of effective enforcement mechanisms for state cooperation with the International Criminal Court (ICC) presents significant challenges in the relationship between states and this judicial institution, hindering efforts to prevent impunity for perpetrators of international crimes. Cooperation from both State Parties and non-State Parties is crucial for achieving international criminal justice. The basis for cooperation for State Parties is the Rome Statute, while for non-State Parties, it stems from Security Council resolutions. In instances where Security Council resolutions or decisions by the Assembly of States Parties render the obligation to cooperate legally binding, these instruments serve as authoritative legal sources. This research employs an analytical-descriptive method, utilizing library and documentary resources, to examine the principles underlying the enforcement of state cooperation with the ICC. The findings indicate that the limited powers of the Assembly of States Parties and the influence of powerful states' interests on Security Council decisions impede the establishment of robust enforcement mechanisms necessary for achieving global justice.
Akande, D. (2009). The legal nature of Security Council referrals to the ICC and its impact on Al Bashir's immunities. Journal of International Criminal Justice, 7(2), 333-352.
Ardebili, M. A. (2007). Cooperation of governments with the international criminal Court. Legal Research Quarterly, 10(45), 11-48. [In Persian]
Babakhani, A. (2008). International Community and Contrasts with the Violence of Humanitarian Law in Darfur Crisis (Sudan) . International Law Review, 25(38), 141-184. [In Persian]
Broomhall, B. (2004). International justice and the International Criminal Court: between sovereignty and the rule of law (pp. 63-65). Oxford: Oxford University Press.
Casse, A. (2008). International Criminal Law. (Translat: Zahra Mousavi , Ardeshir Amir-Arjomand , Hossein Piran; First edition). Forest.
Cryer, R., Friman, H., Robinson, D., & Wilmshurst, E. (2007). An introduction to international criminal law and procedure. Cambridge University Press.
Delkhosh, A. (2011). Tackling international crimes: States' commitment to. (First edition). Shahr Danesh Legal Research Institute.Tehran. [In Persian]
Gianaris, W. N. (1992). The New World Order and the Need for an International Criminal Court. Fordham Int'l LJ, 16, 88.
Murithi, T. (2013). The African union and the international criminal court: An embattled relationship. Policy Brief, 10, 2013.
Shariat Bagheri, M. J. (2009). International Criminal Law. Tenth edition. Forest. [In Persian]
