State cooperation and assistance remains key to the success of the International Criminal Court (ICC). An area of special concern is the perceived lack of sufficient support for the ICC from the UN Security Council (UNSC), particularly on Council-referred cases to the ICC (Darfur, Sudan and Libya). To date, eight instances of state non-compliance have been referred by the Court’s judges to the UNSC for appropriate action. The Council has yet to act on any of these non-compliance referrals.
How can the ICC garner more cooperation and assistance from the UNSC, especially with respect to the execution of arrest warrants, through such measures as sanctions for states that fail to cooperate? What steps could the ICC Assembly of States Parties take to increase UNSC cooperation with the ICC? What mechanisms can be introduced to strengthen the inter-institutional relationship between the ICC and the UNSC in a manner that allows the Council to more effectively support the ICC? What steps should States Parties sitting on the Council or veto-yielding permanent members take to promote progress in this regard?