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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.86 General obligation to cooperate/Obligation générale de coopérer

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Subject(s):
Appeals — Elements of crimes — International criminal law, victims — Evidence

This chapter comments on Article 86 of the Rome Statute of the International Criminal Court. Article 86 states the general obligation to ‘cooperate fully’ with the Court. This obligation to cooperate applies only to States Parties. If obligations to cooperate with the Court exist for non-party States, their source must be found elsewhere, for example in bilateral agreements or in Security Council resolutions. Indeed, Security Council resolutions have both confirmed that non-party States do not have any obligations under the Rome Statute and at the same time they have imposed obligations of cooperation on certain non-party States.

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