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    VIOLATION OF COOPERATION OBLIGATIONS WITH THE INTERNATIONAL CRIMINAL COURT AND ENFORCEMENT MECHANISMS
    (Kırıkkale Üniversitesi, 2024) Erhan Bulut, Zeynep
    The founding treaty of the International Criminal Court, the Rome Statute, is an international treaty that envisions a cooperation regime based on consent. Due to lack of its own enforcement powers, the ICC relies on effective state cooperation for its activities such as gathering evidence, hearing witnesses, protecting witnesses, and arresting and surrendering individuals to the Court. Therefore the cooperation regime is considered the most crucial component of the Court. States which are parties to the Rome Statute are obligated to cooperate under Article 86 of the Statute. Non-party states, however, are not under such an obligation. Nevertheless, the Rome Statute grants certain powers to the UN Security Council. With this power the UN Security Council may refer a situation to the Court. This referral allows the Court to act in relation to crimes committed in the territory of non-party states. For example, investigations into crimes committed in Sudan and Libya, both non-party states, were initiated through UN Security Council Resolutions 1593 (2005) and 1970 (2011). The cooperation obligations of these non-party states stem from the UN Charter, not the Rome Statute. However, the Court has struggled to secure effective cooperation from both party and non-party states and has issued decisions under Article 87(7) of the Statute regarding violations of cooperation obligations. The Court has referred these violations to the Assembly of States Parties and the UN Security Council requesting necessary measures to be taken to ensure cooperation with the Court. Nonetheless, the measures taken by these bodies have not secured cooperation with the Court. In this context, the first part of this study will outline the legal framework of the cooperation regime envisaged by the Court. In the second part of the study, the voluntary cooperation regime will be analysed in light of the ICC’s decisions on Sudan, Libya and Kenya. The final section of the study will critically examine the impact of the measures taken by the Assembly of States Parties and the UN Security Council on the functioning of the Court.