General International Law as a Tool for Strengthening ICC Responses to Non-cooperation Through the Lens of R2P
摘要
This chapter seeks to examine the role played by general international law in strengthening the ICC’s responses to non-cooperation, using R2P as a framework. Acknowledging that the Court’s traditional remedies for responding to non-cooperation are a part of a broader strategy, this chapter explores how mechanisms beyond the ICC’s cooperation provisions could provide for more effective solutions. Building on the previous chapter’s analysis of R2P, this chapter investigates specific rules and principles of general international law, particularly those developed by the International Law Commission (ILC) for addressing breaches of international obligations. The chapter identifies how R2P aligns with the rules on State Responsibility and the principles attached to peremptory norms of general international law, examining whether these tools can assist in strengthening or complementing existing remedies for responding to non-cooperation. By analysing obligations under R2P, State responsibilities and obligations erga omnes, this chapter also seeks to identify ways in which States could collectively or individually respond to instances of non-cooperation. It also explores the potential for States to invoke remedies independently when institutional frameworks under the Assembly of States Parties or the UN Security Council are ineffective.