Enforcement of the Cooperation Obligation with the ICC for the Accountability under International Criminal Law

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Hasircibasi Cad. Ahter Sok. No:6/2 Yaprak Apt. Kadikoy

10/jicl.2021.122430

Abstract

International criminal law is a forceful response of the international community to the commission of grave violations of humanitarian law. On the other hand, the effectiveness and accountability mechanism of the ICC may be put in jeopardy because of the unwillingness of non-member states to cooperate with the warrant of arrest decisions issued by the Court. The extent of ratione personae immunity of the higher officials and representatives of non-member states is also a potential ban of the ICC jurisdiction. This article argues that the obligation of cooperation, including the surrender and the transfer of the accused persons, is binding upon all states in case of a referral by the UNSC and this obligation covers the non-states parties to the ICC even if the accused possesses ratione personae immunity. The conclusion relies on an analysis of the requirements on the effects of a referral by the UNSC and the character of the crimes under the jurisdiction of the ICC.

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