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Abstract
The International Criminal Court (ICC) has to rely on the cooperation of State Parties and non-party States in the arrest and surrender of accused persons who commit crimes within the court’s jurisdiction because it lacks an enforcement mechanism to apprehend those individuals. However, a State can refuse to cooperate with the Court based on competing requests for extradition of an accused, incompatibility of the cooperation request with international law, when the execution of the cooperation request is prohibited by national law, concern that the suspect’s human rights will be violated, the cooperation request has problems that may impede or prevent the State Party from executing the request; sovereignty claims. Notwithstanding these reasons, the cases before the Court show that the ICC has been largely successful in securing the arrest and surrender of accused persons. However, alternative enforcement mechanisms of cooperation requests should be considered as a means of apprehending suspects.
Published Version
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