Introduction—The ICC’s Failure to Effectively Address Non-cooperation
摘要
This chapter introduces the research framework and rationale underpinning the study for this monograph: whether the Responsibility to Protect (R2P) and General International Law can assist in enhancing the International Criminal Court’s (ICC) mechanisms for addressing non-cooperation. This chapter highlights the shortcomings in the Rome Statute’s current cooperation regime, as well as the challenges posed by instances of non-compliance by States. The chapter outlines the primary research questions, which address whether R2P can serve as a prism for reforming the ICC’s responses to non-cooperation and whether it provides frameworks and tools not integrated into the Rome Statute. In addition, this chapter poses the question whether general international law offers additional mechanisms that may strengthen or complement existing responses to non-cooperation. This chapter also sets out the objectives of the study, including the identification of obligations tied to the failure to cooperate under general international law, and the potential role of R2P in enhancing the Court’s cooperation frameworks. Finally, it introduces the potential for institutional reform within the ICC and the UN Security Council to assist in more effective responses and remedies for responding to non-cooperation.