State Behavior and the International Criminal Court: Between Cooperation and Resistance

This book examines state cooperation with the International Criminal Court (ICC) in Africa, focusing on African cases against state officials. It reveals the diversity of state behaviors, from full compliance to resistance and exit, and argues that the degree of cooperation is influenced by perceived costs and benefits. The Court operates both above and below the state, relying on governments to take action on behalf of the Court against suspects.

Format: Hardback
Length: 188 pages
Publication date: 10 June 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate dynamics of state cooperation with the International Criminal Court (ICC). It provides a detailed analysis of patterns and factors that influence states' engagement with the ICC, with a particular focus on African cases. Through extensive research, including interviews conducted in The Hague, Kenya, and South Africa, the book sheds light on the diverse range of state behaviors observed in response to ICC requests. It challenges the prevailing narrative of African resistance against the ICC by highlighting evidence of continued Court support.

The book argues that the degree of cooperation the ICC receives is influenced by a government's perceived costs and benefits of executing an ICC request. It explores how a cooperation request is perceived as high cost or low cost depending on factors such as the position of the suspect, the type of action requested, and the government's domestic and regional policy objectives. The Court has taken careful measures to avoid alienating states further, emphasizing that it operates both above and below the state. While it possesses the power to charge individuals, including state officials, it relies on governments to take action on behalf of the Court against the same suspects.

This book is of immense interest to academics, researchers, and policymakers engaged in the fields of international law, human rights, international criminal justice, and international relations. It offers valuable insights into the complex interplay between states, the ICC, and the broader international legal framework. By examining the African cases, the book provides a rich context for understanding the challenges and opportunities associated with state cooperation in the fight against international crimes.

The book's findings will undoubtedly contribute to ongoing discussions and debates about the effectiveness of international criminal justice and the role of the ICC in promoting global justice. It will be valuable for scholars, students, and practitioners seeking to understand the complexities of state cooperation and the implications of international law in the contemporary world.

Dimension: 234 x 156 (mm)
ISBN-13: 9781032019192