The principle of complementarity: comprehending the motives behind states’ neglect to cooperate with the icc (case study of the situations in Kenya and Sudan)

On the institution of the International Criminal Court (ICC) State cooperation, through the principle of complementarity, was seen to be a key component in enabling the functions of the International Criminal Court. Despite its importance, some State Parties have still failed to cooperate with the ICC when called upon to. Why is this? This paper seeks to understand and classify the reasons behind States’ neglect to cooperate with the ICC. In the process, the scope of cooperation as is will be provided for and recommendations (if any) made to encourage State Parties to cooperate with the ICC. The study will be conducted in five chapters. In Chapter One, an introduction encapsulating the background, a statement of the problem, hypotheses, research questions, justification and theoretical framework, will be provided for.
This paper will focus primarily on the ICC. The ICC is governed by the Rome Statute. 1 Some of the key principles enabling the functions of the ICC include State cooperation through the principle of complementarity. 2 Envisaged in the preamble of the ICC, State cooperation is seen to be fundamental in the functioning of the ICC. 3 Decisions, orders and requests made by the ICC can only be enforced by States or even international organizations. 4 Tasks such as the enforcement of arrest warrants, the compelling of witnesses to give testimony and the confiscating of evidentiary material require the assistance of State Parties. 5 It is for these purposes that State cooperation is seen to be key to the operation of the ICC.