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Armless Giants: Cooperation, State Responsibility and Suggestions for the ICC Review Conference

Armless Giants: Cooperation, State Responsibility and Suggestions for the ICC Review Conference <jats:sec><jats:title>Abstract</jats:title><jats:p>International criminal courts and tribunals regularly face difficulties in obtaining cooperation from States, a stumbling block that hinders the process of bringing criminals to justice and trying them before a court of law. In doing so, States can be held accountable under the rules of state responsibility. This possibility was raised in key decisions and scholarly texts on the issue. This paper seeks to expand the discussion on the matter and analyze the responsibility of States for their failure to cooperate with international courts. Additionally, this paper suggests amendments to the ICC Rome Statute to strengthen the judicial assistance regime, considering that this court is designed to become the permanent court dealing with war crimes and crimes against humanity and that a review of the Statute is to take place in May or June 2010.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Armless Giants: Cooperation, State Responsibility and Suggestions for the ICC Review Conference

Demirdjian, Alexis
International Criminal Law Review , Volume 10 (2): 181 – Jan 1, 2010
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28 pages

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181210X492252
Publisher site
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Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>International criminal courts and tribunals regularly face difficulties in obtaining cooperation from States, a stumbling block that hinders the process of bringing criminals to justice and trying them before a court of law. In doing so, States can be held accountable under the rules of state responsibility. This possibility was raised in key decisions and scholarly texts on the issue. This paper seeks to expand the discussion on the matter and analyze the responsibility of States for their failure to cooperate with international courts. Additionally, this paper suggests amendments to the ICC Rome Statute to strengthen the judicial assistance regime, considering that this court is designed to become the permanent court dealing with war crimes and crimes against humanity and that a review of the Statute is to take place in May or June 2010.</jats:p> </jats:sec>

Journal

International Criminal Law Review – Brill

Published: Jan 1, 2010

Keywords: DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR WRONGFUL ACTS; COUNTER-MEASURES; INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA; ERGA OMNES; OBLIGATIONS; INTERNATIONAL CRIMINAL COURT (ICT), INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA; JUS COGENS; STATE COOPERATION

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