Title: A Critical Analysis on the Enforcement Mechanism of the International Criminal Court: The Role of State Cooperation.
Authors: Alfredy Siwale
Volume: 9
Issue: 10
Pages: 217-230
Publication Date: 2025/10/28
Abstract:
This study presents a critical analysis of the enforcement mechanism of the International Criminal Court (ICC), with a specific focus on the pivotal role of state cooperation. The research is grounded in a qualitative doctrinal legal methodology, analyzing the Rome Statute, key ICC jurisprudence, and secondary scholarly literature to investigate the profound disconnect between the Court's legal mandate and its operational reality. The findings reveal that the legal obligations for state cooperation, while comprehensive in scope under Part 9 of the Statute, are critically undermined by a lack of automaticity and enforceable sanctions. The study further demonstrates that the principle of complementarity has fostered an adversarial, rather than complementary, relationship with national jurisdictions, and that geopolitical alliances and regional politics consistently override legal commitments, leading to chronic and strategic non-compliance. The analysis concludes that the ICC's enforcement model is structurally deficient, rendering the Court's efficacy and legitimacy perpetually contingent on the very political will it often seeks to transcend. The study recommends a shift in strategy towards depoliticizing cooperation through a framework of positive incentives and graduated sanctions, and suggests future empirical research into the domestic political drivers of state behavior.