The Effect of Security Council Resolutions and Domestic Proceedings on State Obligations to Cooperate with the ICC

Abstract:     
The article considers whether the obligations of states in respect of which there is a United Nations Security Council referral to the International Criminal Court (ICC) are the same as the cooperation obligations of states parties to the Statute. It is argued that despite the lack of clarity in the resolutions referring the situation in Darfur and in Libya to the ICC, the better view is that the obligation imposed on Sudan and Libya to ‘cooperate fully’ with the ICC should be regarded as an obligation to cooperate in accordance with the provisions of the ICC Statute. This means that those states are entitled to benefit from those limited provisions of the ICC Statute which permit a refusal to cooperate with the Court or permit the state to postpone the execution of a request by the Court for assistance. The article also considers the interaction between the obligations of states to cooperate with the ICC and domestic proceedings against those sought for ICC prosecution. It considers the extent to which the obligation of cooperation may be suspended by an admissibility challenge and addresses whether the permission to suspend the obligation of cooperation may extend to a suspension of the obligation to surrender an accused person to the ICC.

Number of Pages in PDF File: 30

Keywords: Cooperation Obligation of States, Security Council Referrals, ICC and Security Council, Complementarity, Suspension of ICC Obligations

Accepted Paper Series