ABSTRACT

This chapter focuses on international cooperation and judicial assistance. Of course, different consequences derive from the fact that the State that does not cooperate is, or is not, a State Party to the Statute. With regard to States that are Parties to the Statute, many norms, and in particular Article 86, oblige those States to cooperate. Two elements suggest that, under specific conditions, also States not Parties to the Statute that did not stipulate any cooperation agreement are bound to cooperate. With reference to war crimes, they are crimes on which the States Parties to the Geneva Conventions of 1949 agree to undertake the obligation "to respect and to ensure respect" - according to common Article 1 - for international humanitarian law. An obligation to cooperate even for States not Parties that do not sign any cooperation agreement with the Court could be deduced from instruments different from the Statute.