The international criminal court state cooperation regime : current controversies in historical and theoretical context by Lee, Joanne ElizabethPublication Date: 2012
The International Criminal Court (ICC) is the first permanent, international institution established to prosecute individuals who commit genocide, crimes against humanity, and war crimes. The treaty establishing the ICC - the Rome Statute - entered into force in 2002 and currently has more than 110 States Parties representing every geopolitical region of the world. One of the key challenges facing the ICC is securing State Cooperation with the Court's investigations and prosecutions, despite the clear obligation on States to provide such cooperation. Most analysis of the ICC State Cooperation regime suggests it is inevitable that the Court will face the same challenges as its predecessors, the International Criminal Tribunals for the Former Yugoslavia and Rwanda, both of which have struggled to secure State Cooperation with arrest warrants and other measures of enforcement.This dissertation highlights the complex legal, political, and historical dynamics of international criminal law enforcement more broadly, in order to identify the factors most likely to influence the success or failure of the ICC State Cooperation regime in years to come.