States’ non- Cooperation in the arrest and surrender of suspects of international crimes: an analysis of its precedents and impacts on the International Criminal Court
Maika, Everlyn Kimirei
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States’ cooperation is at the core of the International Criminal Court, it requires the cooperation of States to carry out some of the key functions which include arrest and surrender. Without cooperation in arrest and surrender, the court is handicapped as it has no provision to proceed in the absence of the accused. States’ non-cooperation in the arrest and surrender of suspects has been a very big problem for the ICC. This is because of the lack of enforcement powers; it has to rely on States as well as the Assembly of States Parties and the United Nations Security Council to carry out enforcement on its behalf. This thesis evaluates this problem with an emphasis on the factors that mostly account for non-cooperation. It will also analyse the Rome Statute mechanism on non-cooperation to find the reasons for its ineffectiveness. Finally, it will then propose the use of diplomatic sanctions and trials in absentia in an effort to find practical solutions to this problem.