State Co-operation
Description
Part 9 of the Statute focuses on International Co-operation and Judicial Assistance. There are two main types of co-operation envisaged between States Parties and the ICC under this Part:
(i) arrest and surrender of persons at the request of the Court; and
(ii) other practical assistance with the Court's investigations and prosecutions, e.g. collecting evidence.
In addition, Part 10 on Enforcement outlines where the Court may need the assistance of States Parties in enforcing its orders.
"Co-operate fully with the Court"
Article 86 in Part 9 requires that all States Parties "co-operate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court". The words "co-operate fully" were chosen carefully by the drafters of the Statute, to emphasise the important role that States must play in the effective and efficient functioning of the Court. Article 86 also provides that States Parties must co-operate fully "in accordance with the provisions of this Statute." Thus, every provision of the Statute requiring State participation should be interpreted as requiring full co-operation, unless otherwise specified.
Article 88 stipulates that States Parties must "ensure that there are procedures available under their national law for all of the forms of co-operation which are specified under this Part." In other words, it is envisaged that States will use their national laws to establish all the procedures necessary to be able to assist the Court. All such procedures should allow the State organs to respond as rapidly as possible to requests from the Court.
States Parties should also note that if they fail to comply with a request to co-operate by the Court, contrary to the provisions of the Statute, thereby preventing the Court from exercising its functions and powers under the Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council (article 87 (7)). The Statute does not provide specifically for any sanctions. However, a State Party that does not comply with requests from the Court will effectively be in breach of its treaty obligations in most instances, and this may have undesirable political consequences for that State.
Jurisdiction of the ICC
Under article 12 (1), a State, once it becomes a Party to the Statute, thereby accepts the jurisdiction of the Court with respect to the crimes set out in article 5 (genocide, crimes against humanity and war crimes, and aggression once a suitable definition has been found). What this means is that once a State becomes a State Party, that State automatically accepts the Court's jurisdiction over genocide, crimes against humanity and war crimes, from the date of entry into force of the Statute (article 11).
Note that non-States Parties may also accept the exercise of jurisdiction by the Court with respect to a particular crime, by way of a declaration lodged in accordance with article 12 (3). Non-States Parties are expected to co-operate fully once they agree to assist the Court with a particular investigation (article 87 (5)(a)). If they breach the agreement or arrangement that they have made with the Court, it may inform the Assembly of States Parties or the Security Council, as appropriate (article 87 (5)(b)).
Obligations
a) Under article 86, States Parties must be able to "co-operate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court", in accordance with the provisions of the Statute.
b) Under article 88, States Parties must ensure that they have procedures available under their national laws "for
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