Published online by Cambridge University Press: 01 June 2008
Co-operation has proved to be one of the greatest challenges in the first practice of the International Criminal Court (ICC). The Court cannot fulfil its mandate effectively without co-operation from states, international organizations, and other actors. The Prosecutor requires co-operation and assistance at various stages of proceedings (preliminary examination, investigation, judicial proceedings) in order to conduct investigations and prosecutions. The Court depends on the co-operation of states to execute the warrants of arrest and proceed to trial. In the context of its first practice, the Court has operated in situations of ongoing conflict and/or environments where the security situation is volatile. The level and modalities of co-operation were influenced by the factual and political conditions on the ground and the institutional support of other entities (e.g. the United Nations).
1. See Luis Moreno Ocampo, ‘Building a Future on Peace and Justice’, speech, Nuremberg, 24–5 June 2007, available at http://www.icc-cpi.int/library/organs/otp/speeches/LMO_nuremberg_20070625_English.pdf.
2. See Philippe Kirsch, ‘Address to the United Nations General Assembly, 1 November 2007’, available at http://www.icc-cpi.int/library/organs/presidency/PK_20071101_ENG.pdf, at p. 5.
3. See ICC, Assembly of States Parties, Report of the Bureau on Co-operation, 19 October 2007, ICC-ASP/6/21.
4. See ICC, Assembly of States Parties, Omnibus Resolution, ICC-ASP/6/Res.2 of 14 December 2007.