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Part II The Relationship to Domestic Jurisdictions, 11 The ICC and its Relationship to Non-States Parties

Robert Cryer

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

UN Charter — Vienna Convention on the Law of Treaties — International criminal law, conduct of proceedings — Prosecution — Customary international law

Reliable state cooperation remains one of the main challenges for the Court. The Rome Statute establishes a framework for the cooperation of States Parties with the Court, but it does not directly address issues related to the cooperation of non-States Parties who may be required to cooperate with the Court pursuant to UN Security Council referrals. Thus far, ICC practice has been contradictory in relation to duties of arrest and surrender, while the ASP has only gradually taken steps to enhance incentives for compliance. This chapter explores the source and nature of the rights and obligations of non-States Parties vis-à-vis the Court, in particular its relationship with certain powerful states (e.g. the United States), and ways to re-think the existing status quo.

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