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International Cooperation and Judicial Assistance

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Chapter Summary

In the Rome Statute, international cooperation and judicial assistance can be divided into three parts: the nature of international cooperation, provisions concerning the arrest and surrender of suspects and accused persons, and other forms of co-operation. Though the obligation to co-operate with the International Criminal Court (ICC)is stated in Article 86, there are some exceptions provided for in the Statute itself, relating to both a state party and a state that is not party. The Rome Statute does not vest the Court with the power to take enforcement measures against states, but opted for consultation to resolve the difficulties or failure to execute a request of the Court. The duty to co-operate is one of the poles of the Court, it is essential to assure its efficient functioning which requires implementation measures taken by states parties to the Rome Statute to guarantee compliance with request for cooperation of the Court.

Keywords: enforcement measures; international cooperation; International Criminal Court (ICC); judicial assistance; Rome Statute



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