Common Contracts

Universal Jurisdiction and Cooperation between ICC Member States in Prosecuting Nationals of non-Member States

April 29th, 2021

• Filed
  April 29th, 2021

Abstract: With the advent of universal jurisdiction, member States of the ICC can bring the perpetrators of non-member States to justice or pro- secute crimes that would have otherwise been inadmissible under the Rome Statute. A bystander state with no territoriality or nationality link when prosecuting under universal jurisdiction relies on the cooperation of another state where the suspect is residing or any other state where the crime took place. The cooperation takes place in multiple forms, inclu- ding, but not limited to, the extradition of the suspect or the sharing of facts and evidence with the bystander state. This article scrutinizes how the existing ICC system facilitates inter-states cooperation, stressing the need for an effective mechanism that can foster a cooperative relation. It starts with examining the scope of the principle of complementarity, with particular attention to how the principle can withstand competing jurisdiction claims and promote a system of cooperat