Reforming the International Criminal Court (ICC) to Achieve Increased State Cooperation in Investigations and Prosecutions of International Crimes

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Abstract

This article examines the issue of state cooperation with the International Criminal Court (icc), and why it is vitally needed to achieve the institution's mandate, including that of human rights protection. The article examines why state cooperation with the icc is so important and what issues undermine it, including disputes with the African Union, but many other issues as well. It surveys what the icc has done to promote cooperation and what steps ought to be taken to try and enhance state cooperation in the future. This is timely as the icc has set up a review process in 2020 to deal with a range of problems including state non-cooperation. The article therefore examines the practices and procedures of the Court, matters concerning its judges and staff, issues around the appointment of a new prosecutor, as well as and judicial appointments, as well as its jurisprudence. The article examines the issues that ought to be addressed, as well as how a variety of actors could better assist the Court, including the Security Council, the wider United Nations system, and the methodology for doing so. The article also reviews what defensive strategies can be taken up to defend the Court, including against aggressive anti-icc actors, such as the United States of America, who are ramping up their attacks on the Court and its personnel.
Original languageEnglish
Pages (from-to)27-61
Number of pages35
JournalInternational Human Rights Law Review
Volume9
Issue number1
DOIs
Publication statusPublished - 2020

Keywords

  • African Union
  • complementarity
  • International Criminal Court (icc)
  • Rome Statute
  • state cooperation

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