The Consequences of Non-cooperation with the International Criminal Court

This book aims to provide a comprehensive analysis of how the International Criminal Court can be better equipped to handle instances of non-cooperation with its requests by States, specifically State Parties to the Rome Statute that have a concrete obligation to cooperate with the Court. The book suggests that non-cooperation is not handled in an effective manner at any stage of non-cooperation proceedings. This highlights the need for there to be more effective responses and remedies for handling the failure to cooperate, from the initial decision on non-cooperation by the ICC Pre-Trial Chamber's to the follow-up mechanisms developed by the institutional bodies tasked with addressing non-cooperation. Existing literature on non-cooperation appears to strictly look to the black letter of the Rome Statute to address and remedy the gaps in the Court's handling of non-cooperation matters. This book, however, intends to conduct a broad study, and will therefore look beyond the Rome Statute to search for effective remedies for responding to instances of non-cooperation, through the analysis of frameworks under general international law relevant to the maintenance of international peace and security. Specific focus will be placed on the Responsibility to Protect and the ILC's Articles on the Responsibility of States for Internationally Wrongful Acts. Responses to non-cooperation will also be analysed through its potential relationship with peremptory norms of general international law (jus cogens). This volume in the ICJ Series is especially relevant considering recent developments in international criminal law, including the continued inability of the ICC to effectively address non-cooperation in high-profile cases. Specifically tailored for legal academics, practitioners, and policymakers, this book seeks to bridge theoretical analyses with practical solutions, making it an important tool for those invested in the future of international criminal justice. Melville Jacobs is a Postdoctoral Research Fellow at the Palacký University Olomouc, Centre for International Humanitarian and Operational Law.