Briefing Paper

How the UNSC and ASP can Enhance Cooperation with the ICC

It has been said many times that the International Criminal Court is like a ‘giant without arms or legs’
In this context, this policy brief will mostly focus on the ways in which the United Nations Security Council (UNSC) can promote states’ cooperation with the ICC. In thinking about the council’s role with regard to cooperation with the court, it is useful to divide possible council action into measures that can be taken at different stages in the relations between the two institutions. These are: Measures that could be taken at the referral stage, i.e. when the council refers a situation to the ICC. Measures that could be adopted during the course of investigations and/or prosecutions to promote or incentivise cooperation by states. Measures that could be taken during investigations and/or prosecutions, but in order to address instances of non-cooperation by states. This brief is a summary of a forthcoming report that provides further details of the study on cooperation with the ICC and relevant recommendations.