Cooperation and judicial assistance of states parties to the Rome Statute: theoretical and legal aspect

Abstract

The article provides a comprehensive theoretical and legal analysis of the mechanism of cooperation between States Parties and the International Criminal Court (ICC). The research is based on the premise that the ICC’s institutional capacity to exercise its jurisdiction is directly dependent on the good faith fulfillment by states of their obligations under Part 9 of the Rome Statute. The author examines in detail the legal nature of the «vertical» model of cooperation, which significantly differs from the traditional «horizontal» system of interstate legal assistance inherent in classical international law. Key attention is paid to the conceptual distinction between the legal categories of «extradition» and «surrender,» which is fundamental for aligning international obligations with constitutional norms of national legal orders. It is substantiated that the surrender regime to the ICC is a sui generis procedure that excludes the application of most traditional grounds for refusing assistance (for example, the prohibition on extraditing own nationals). The article also analyzes complex theoretical problems related to the conflict between treaty obligations under the Statute and norms of customary international law regarding the immunities of officials of third states (the issue of Article 98). Procedural mechanisms for resolving disputes regarding cooperation, the role of the Assembly of States Parties, and the legal consequences of non-compliance with Court requests (finding of non-compliance) are considered. Theoretical aspects of protecting information affecting national security interests in the context of Article 72 of the Statute, and finding a balance between state sovereignty and the necessity of international justice, are highlighted separately. It is concluded that the effectiveness of the ICC system depends on forming a consistent practice of prioritizing international obligations.