The Role of the Assembly of States Parties and the UN Security Council in Responding to Instances of Non-cooperation
摘要
This chapter examines the mechanisms and remedies available to the Assembly of States Parties (ASP) and the UN Security Council in addressing instances of non-cooperation referred to it by a decision of the Court. It highlights the shortcomings in the enforcement of State cooperation obligations under the Rome Statute, with focus on the lack of effective follow-up measures or enforcement actions following such referrals, as evidenced by previous decisions of the Court. Such inaction undermines the effectiveness of the ICC’s cooperation regime and its broader mandate for ensuring accountability for international crimes. This chapter begins its investigation by analysing the role of the ASP in responding to non-cooperation, exploring the procedural and substantive limitations that affect its ability to enforce compliance with obligations under the Rome Statute. It then evaluates the tools at the disposal of the UNSC for responding to non-cooperation, including its capacity to take binding measures under Chapter VII of the UN Charter, considering the political and structural constraints that often block its ability to act decisively. Building on these analyses, this chapter proposes strategies for strengthening these bodies’ ability to respond to non-cooperation in an effective manner.