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The Responsibility To Enforce - Connecting Justice With Unity

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Chapter Summary

This chapter examines the central premise underlying the cooperation regime of the International Criminal Court (ICC) Statute, namely the duty assumed by States Parties to act as the enforcement arm of the Court. It discusses how the structural basis of a system based on proxy enforcement will inevitably manifest itself through irregular support. In an effort to identify more clearly the responsibilities of States in this regard, the chapter locates cooperation towards the ICC in the context of broader notions of collective security and the newly emergent doctrine of the responsibility to protect. This shows that, to maximise its effectiveness, the Rome system should be seen as creating a covenant of undertakings between the individual State and the collective; suggesting that the pursuit of justice will only be effective if it is matched by the necessary degree of unity within the international community.

Keywords: international cooperation; International Criminal Court (ICC); justice; responsibility to enforce; states parties; unity



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