The Challenges of U.N, Security Council in the Enforcement of State Cooperation at the ICC

Abstract

The success of the International Criminal Court is highly determined by cooperation from States. The Court lacks an enforcement mechanism and has to rely on the cooperation of State and non State-Party in the arrest and surrender of the perpetrators of crimes under its  jurisdiction. It is undeniable that without State Cooperation, the Court will encounter great difficulty to conduct its proceedings. United Nations Security Council possesses specific role in the enforcement of State Cooperation, however, such role is very limited — and even ineffective, since the Court is a treaty-based International Criminal Tribunal, meaning that it is independent, and it shall not bound third State without its consent. Finally, this article will highlight both the implementation of the responsibilities to cooperate under international law, as well as State willingness to cooperate with the Court in practice thus far, and also the power of Security Council in the enforcement of State Cooperation in the International Criminal Court.