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

Journal of International Criminal Justice, Vol. 10, Issue 2, May 2012

Oxford Legal Studies Research Paper No. 19/2012

30 Pages Posted: 11 Apr 2012 Last revised: 7 May 2012

See all articles by Dapo Akande

Dapo Akande

University of Oxford - Faculty of Law

Date Written: April 11, 2012

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.

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

Suggested Citation

Akande, Dapo, The Effect of Security Council Resolutions and Domestic Proceedings on State Obligations to Cooperate with the ICC (April 11, 2012). Journal of International Criminal Justice, Vol. 10, Issue 2, May 2012; Oxford Legal Studies Research Paper No. 19/2012. Available at SSRN: https://ssrn.com/abstract=2038217

Dapo Akande (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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