Title: Non-cooperation and the Efficiency of the International Criminal Court
Abstract:This chapter examines the relationship between the failure of States to comply with the ICC's requests for cooperation and the efficiency, i.e. the speed and cost-effectiveness, of the Court.It does s...This chapter examines the relationship between the failure of States to comply with the ICC's requests for cooperation and the efficiency, i.e. the speed and cost-effectiveness, of the Court.It does so from two angles: firstly, by looking at the impact of non-cooperation on the efficiency of the ICC, with reference to the Court's investigations in Darfur, Sudan and Kenya, and, secondly, by considering how the inefficiency of the ICC could affect the willingness of States to comply with the Court's cooperation requests.It argues that the relationship between efficiency and non-cooperation can be understood to have a cyclical dimension, whereby inefficiency could lead to non-cooperation and vice versa.The cycle is one that can be addressed from within the ICC and the Court's legislative and management body, the ASP, by taking measures to enhance the efficiency of the ICC's operation.The chapter draws attention to measures that are currently being taken to this end, which may have a positive impact on levels of State cooperation in years to come.Read More