ASP Information - updated at

 15/03/2017

 Yes


 Non-cooperation

 

 
 
Article  112(2)(f)  of  the  Rome Statute  provides  that  "the Assembly shall consider pursuant to article 87, paragraphs 5 and 7, any question relating to non-cooperation".

At its tenth session,  the Assembly of States Parties adopted the  "Assembly Procedures relating to non-cooperation"                 
 

​​I. Assembly procedures relating to non-cooperation

 ​Assembly procedures relating to non-cooperation
ICC-ASP/10/Res.5 as amended by ICC-ASP/11/Res. 8, annex.1
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English | Español | Français | عربي  
    

​​II. Tool kit on non-cooperation

 ​Tool kit on non-cooperation
ICC-ASP/15/31/Add.1
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English | Español | Français | عربي  
    

​​III. Reports of the Bureau on non-cooperation

Paragraph 14, sub-paragraph (e) of the Procedure on non-cooperation calls on the Bureau to report on the outcome of any activities it undertook with regard to non-cooperation, including any recommendations for action.
​    2012, ICC-ASP/11/29 - English | Español | Français | عربي   
2013, ICC-ASP/12/34 - English | Español | Français | عربي   
2014, ICC-ASP/13/40 - English | Español | Français | عربي   
2015, ICC-ASP/14/38 - English | Español | Français | عربي   
2016, ICC-ASP/15/31 - English | Español | Français | عربي   
           ICC-ASP/15/31/Add1 - English | Español | Français | عربي   

​​                
IV. Focal Points on non-cooperation

     Paragraph 16 of the Assembly procedures on non-cooperation, amended in 2012, calls for the appointment of four or, if so requested by the President of the Assembly, five focal points on non-cooperation from among all States Parties, on the basis of equitable geographical representation.
                    
At its 1 April 2016 meeting, the Bureau appointed Australia, Czech Republic, Japan and Peru as non-cooperation focal points for their respective regional groups. The President serves ex officio as focal point for his region.
 
The focal points are appointed on an ad country mandate, which implies that the respective countries are engaged at high diplomatic and political levels in New York, The Hague, capitals and where appropriate, in other embassies.

​​​      
 V. Communications received by the Assembly or the Security Council,
  related to non-cooperation pursuant to the Rome Statute
 

Article 87(7) of the Rome Statute provides that "Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council."
Article 87(5)(b) of the Rome Statute provides that "Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council."

   
 VI. (a) Situation in Darfur, Sudan
 

​Case​Title of document​ICC document​SC document
​Prosecutor v.
Ahmed Harun
and
Ali Kushayb
​Decision informing the United Nations Security Council about the lack of cooperation by the Republic of Sudan1 

1  This decision was only transmitted to the Security Council.
ICC-02/05-01/07-57
(25 May 2010)
S/2010/265
(1 June 2010)
​Prosecutor v.
Omar
Al Bashir
​Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's recent visit to the Republic of ChadICC-02/05-01/09-109
(27 August 2010)
​S/2010/456
(31 August 2010)
​Prosecutor v.
Omar
Al Bashir
​Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's presence in the territory of the Republic of Kenya ​ICC-02/05-01/09-107
(27 August 2010)
​S/2010/456
(31 August 2010)
​Prosecutor v.
Omar
Al Bashir
​Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's recent visit to Djibouti ICC-02/05-01/09-129
(12 May 2011)
​S/2011/318
(19 May 2011)
​Prosecutor v.
Omar
Al Bashir
​Decision Pursuant to Article 87(7) of the Rome Statute on the Failure by the Republic of Malawi to Comply with the Cooperation Requests Issued by the Court with Respect to the Arrest and Surrender of Omar Hassan Ahmad Al BashirICC-02/05-01/09-139-Corr
(13 December 2011)
​S/2012/9
(9 January 2012)
​​Prosecutor v.
Omar
Al Bashir
​Decision pursuant to article 87(7) of the Rome Statute on the refusal of the Republic of Chad to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of Omar Hassan Ahmad Al Bashir ICC-02/05-01/09-140-tENG
(13 December 2011)
S/2012/8
(9 January 2012)
​Prosecutor v.
Omar
Al Bashir
​​Decision on the Non-compliance of the Republic of Chad with the Cooperation Requests Issued by the Court Regarding the Arrest and Surrender of Omar Hassan Ahmad Al-BashirICC-02/05-01/09-151
(26 March 2013)
S/2013/229
(15 April 2013)
​Prosecutor v.
Omar
Al Bashir
​Decision on the Cooperation of the Democratic Republic of the Congo Regarding Omar Al Bashir’s Arrest and Surrender to the Court ​ICC-02/05-01/09-195
(9 April 2014)
​​S/2014/297
(24 April 2014)
​​Prosecutor v.
Omar
Al Bashir
​Decision on the Prosecutor’s Request for a Finding of Non-Compliance Against the Republic of the Sudan ICC-02/05-01/09-227
(9 March 2015)
Prosecutor v. Abdel Raheem Muhammad Hussein​Decision on the Prosecutor's Request for a finding of non-compliance against the Republic of the Sudan ​ICC-02/05-01/12-33
(26 June 2015)
​The Prosecutor v. Abdallah Banda Abakaer Nourain​Decision on the Prosecution's Request for a Finding of Non-Compliance ​ICC-02/05-03/09-641
(19 November 2015)
​Prosecutor v.
Omar
Al Bashir
​Decision on the non-compliance by the Republic of Djibouti with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of the State Parties to the Rome StatuteICC-02/05-01/09-266-ENG
ICC-02/05-01/09-266-FRA
(11 July 2016)
​​​​​​S/2016/716
(15 August 2016)
​​Prosecutor v.
Omar
Al Bashir
Decision on the non-compliance by the Republic of Uganda with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of State Parties to the Rome Statute ​ICC-02/05-01/09-267-ENG
​ICC-02/05-01/09-267-FRA
(11 July 2016)

   
 VI. (b) Situation in Kenya
 

​Case​Title of document​ICC document​SC document
​Prosecutor v. Uhuru Muigai Kenyatta
​Second decision on Prosecution's application for a finding of non-compliance under Article 87(7) of the Statute  

           
ICC-01/09-02/11-1037-ENG
(19 September 2016)

   
 VI. (c) Situation in Libya
 

​Case​Title of document​ICC document​SC document
​Prosecutor v. Saif Al-Islam Gaddafi
​Decision on the non-compliance by Libya with requests for cooperation by the Court and referring the matter to the United Nations Security Council  

           
ICC-01/11-01/11-577-ENG
(10 December 2014)
S/2014/953(30 December 2014)

 
 VII. Decisions by the Assembly

9th session, 2010
​ICC-ASP/9/Res.3, para. 12 - English | Español | Français | عربي  
​  ​  "Recognizes the negative impact that the non-execution of Court requests can have on the ability of the Court to execute its mandate, and requests the Bureau to prepare a report on which Assembly procedures could be required to enable it to discharge its mandate to consider any question relating to non-cooperation and to submit that report to the Assembly for consideration at its tenth session."
10th session, 2011
ICC-ASP/10/Res.5, para. 9 - English | Español | Français | عربي  
​  ​  "Recognizes the negative impact that the non-execution of Court requests can have on the ability of the Court to execute its mandate, welcomes the report of the Bureau on potential Assembly procedures relating to non-cooperation and decides to adopt the procedures annexed to the present resolution."
11th session, 2012
ICC-ASP/11/Res.5, para. 6 - English | Español | Français | عربي  
​  ​  "Welcomes the efforts of the President of the Assembly in implementing the non-cooperation procedures adopted by the Assembly in ICC-ASP/10/Res.5, and encourages the Assembly to keep said procedures and their implementation under review in order to secure their effectiveness.​"
ICC-ASP/11/Res.8, para. 10 - English | Español | Français | عربي  
​  ​  "Recognizes the negative impact that the non-execution of Court requests can have on the ability of the Court to execute its mandate, welcomes the report of the Bureau on noncooperation, requests the President of the Assembly to continue to engage actively and constructively with all relevant stakeholders, in accordance with the Bureau procedures on non-cooperation, both to prevent instances of non-cooperation and to follow up on a matter of non-cooperation referred by the Court to the Assembly, and decides to amend paragraph 16 of the Assembly procedures on non-cooperation as reflected in annex I to this resolution."
12th session, 2013
​ICC-ASP/12/Res.3, para. 8 - English | Español | Français | عربي  
​  ​  "Welcomes the efforts of the President of the Assembly in implementing the non-cooperation procedures adopted by the Assembly in ICC-ASP/10/Res.5, and encourages the Assembly to keep said procedures and their implementation under review in order to secure their effectiveness, including with regard to ensuring early notification to States Parties of opportunities to work together to avoid non-cooperatoin."
ICC-ASP/12/Res.8, para. 10 - English | Español | Français | عربي  
ICC-ASP/12/Res.8, annex I, para. 2(a) - English | Español | Français | عربي  
​  ​  "Recognizes the negative impact that the non-execution of Court requests can have on the ability of the Court to execute its mandate, takes note of the report of the Bureau on noncooperation, and calls upon all stakeholders to continue assisting the President of the Assembly of States Parties, including when accomplishing her task with the support of the regional focal points for non-cooperation."
13th session, 2014
ICC-ASP/13/Res.3, para. 7 - English | Español | Français | عربي  
​  ​  "Welcomes the continued efforts of the President of the Assembly in implementing the non-cooperation procedures adopted by the Assembly in resolution ICC-ASP/10/Res.5, and encourages the Assembly to keep said procedures and their implementation under review in order to secure their effectiveness, including with regard to ensuring early notification to States Parties of opportunities to work together to avoid non-cooperation."
ICC-ASP/13/Res.5, paras. 14 and 15 - English | Español | Français | عربي  
​  ​  "Recalls the non-cooperation procedures adopted by the Assembly in ICC- ASP/10/Res.5, recognizes with concern the negative impact that the non-execution of Court requests has had on the ability of the Court to execute its mandate, takes note of the decisions of the Court conveyed to the Assembly to date and of the report of the Bureau on non-cooperation;2 welcomes the efforts of the President of the Assembly of States Parties in implementing the procedures on non-cooperation during her tenure and recalls that the President serves ex officio as focal point for his or her region;3 calls upon all stakeholders, at all levels, to continue assisting the President of the Assembly of States Parties, including when accomplishing his task with the support of the regional focal points for non- cooperation.
      
Also recalls the role of the Assembly of States Parties and the Security Council with respect to non-cooperation as provided for by articles 87, paragraph 5, and 87, paragraph 7, of the Rome Statute, welcomes the efforts of States Parties to strengthen the relationship between the Court and the Council, calls on States Parties to continue their efforts to ensure that the Security Council addresses the communications received from the Court on non-cooperation pursuant to the Rome Statute, welcomes the efforts of the President of the Assembly to consult with the Security Council and encourages both the Assembly and the Security Council to strengthen their mutual engagement on this matter."
14th session, 2015
ICC-ASP/14/Res.3, para. 6 - English | Español | Français | عربي  
​  ​  "Welcomes the continued efforts of the President of the Assembly in implementing the non-cooperation procedures adopted by the Assembly in resolution ICC-ASP/10/Res.5, and encourages the Assembly to keep said procedures and their implementation under review in order to secure their effectiveness, including with regard to ensuring early notification to States Parties of opportunities to work together to avoid non-cooperation."
ICC-ASP/14/Res.4, paras. 15, 16 and 17 - English | Español | Français | عربي  
​  ​  "Recalls the non-cooperation procedures adopted by the Assembly in ICC- ASP/10/Res.5, recognizes with concern the negative impact that the non-execution of Court requests has had on the ability of the Court to execute its mandate, takes note of the decisions of the Court conveyed to the Assembly to date and of the report of the Bureau on non-cooperation;2 welcomes the efforts of the President of the Assembly of States Parties in implementing the procedures on non-cooperation during her tenure and recalls that the President serves ex officio as focal point for his or her region;3 calls upon all stakeholders, at all levels, to continue assisting the President of the Assembly of States Parties, including when accomplishing his task with the support of the regional focal points for non- cooperation.
      
Also recalls the role of the Assembly of States Parties and the Security Council with respect to non-cooperation as provided for by articles 87, paragraph 5, and 87, paragraph 7, of the Rome Statute, welcomes the efforts of States Parties to strengthen the relationship between the Court and the Council, calls on States Parties to continue their efforts to ensure that the Security Council addresses the communications received from the Court on non-cooperation pursuant to the Rome Statute, welcomes the efforts of the President of the Assembly to consult with the Security Council and encourages both the Assembly and the Security Council to strengthen their mutual engagement on this matter.

Noting the orders of the Pre-Trial Chamber to the Registrar concerning action to be taken in case of information relating to travel of suspects,6 urges States to share with the focal points on non-cooperation any information concerning potential or confirmed travel of persons against whom an arrest warrant has been issued. "
15th session, 2016
ICC-ASP/15/Res.5, paras. 20-24 - English | Español | Français | عربي  
​  ​  “Recalls the non-cooperation procedures adopted by the Assembly in ICC‑ASP/10/Res.5, recognizes with concern the negative impact that the non-execution of Court requests continues to have on the ability of the Court to execute its mandate, takes note of the decisions of the Court on non-cooperation findings in relation to Djibouti, Uganda and Kenya, and of the report of the Bureau on non-cooperation, welcomes the efforts of the President of the Assembly in implementing the procedures on non-cooperation during his tenure and recalls that the President serves ex officio as focal point for his or her region, calls upon all stakeholders, at all levels, to continue assisting the President of the Assembly, including when accomplishing his task with the support of the regional focal points for non-cooperation, and encourages all States Parties to cooperate towards a successful outcome of the review of the non-cooperation procedures;
   
Recalls the role of the Assembly and the Security Council with respect to non-cooperation as provided for by articles 87, paragraph 5, and 87, paragraph 7, of the Rome Statute, welcomes the efforts of States Parties to strengthen the relationship between the Court and the Council and takes note of the letter dated 21 December 2015 from the Secretary-General of the United Nations to the President of the Court transmitting a letter from the President of the Security Council, which advised that letters transmitting decisions of the Pre-Trial Chambers of the Court on the situations in Darfur, Sudan and Libya had been brought to the attention of Members of the Security Council;
    
Calls upon States Parties to continue their efforts to ensure that the Security Council addresses the communications received from the Court on non-cooperation pursuant to the Rome Statute, encourages the President of the Assembly and the Bureau to continue consulting with the Security Council and also encourages both the Assembly and the Security Council to strengthen their mutual engagement on this matter;
    
Noting the orders of the Pre-Trial Chamber to the Registrar concerning action to be taken in case of information relating to travel of suspects, urges States to share with the focal points on non-cooperation any information concerning potential or confirmed travel of persons against whom an arrest warrant has been issued;
    
Welcomes the finalization by the focal points on non-cooperation of the Toolkit for the implementation of the informal dimension of the Assembly procedures relating to non-cooperation and encourages States Parties to make use of the Toolkit as they see fit in order to improve the implementation of the Assembly procedures relating to non-cooperation.
"
  
 ​

 VIII. Mandates of the Assembly 

Resolution on Strengthening the International Criminal Court and the Assembly of States Parties (2015)
ICC-ASP/15/Res.5, annex I, para. 3 (j)-(m)  - English | EspañolFrançais | عربي   
(j) requests the President of the Assembly to continue to engage actively and constructively with all relevant stakeholders, in accordance with the Assembly procedures relating to non-cooperation, both to prevent instances of non-cooperation and to follow up on a matter of non-cooperation referred by the Court to the Assembly;
 
(k) requests that any information concerning potential or confirmed travel of persons against whom an arrest warrant has been issued be promptly shared with the Court by the focal points on non-cooperation;
 
(l) requests the Bureau to continue to actively engage throughout the intersessional period with all relevant stakeholders to continue to ensure effective implementation of the Assembly procedures relating to non-cooperation and to submit a report on its activities to the Assembly at its sixteenth session; and
 
(m) also requests the Bureau, through focal points on non-cooperation, to engage with all relevant stakeholders to conduct a review of the Assembly procedures relating to non-cooperation, with a view to recommending any necessary additions or amendments;

 IX. Press Releases and Statements by the Court and by the President 
 of the Assembly 

​Date​Source​Title
01/12/2010​Chambers ​ICC - Pre-Trial Chamber I requests the cooperation of the Central African Republic to execute the warrants of arrest of Omar Al Bashir
13/12/2011​ChambersPre-Trial Chamber I informs the United Nations Security Council and the Assembly of States Parties about Chad’s non-cooperation in the arrest and surrender of Omar Al Bashir
12/12/2011​ChambersPre-Trial Chamber I informs the United Nations Security Council and the Assembly of States Parties about Malawi’s non-cooperation in the arrest and surrender of Omar Al Bashir
12/06/2012​Assembly of States
Parties
President of the Assembly on Malawi’s decision regarding cooperation with the ICC
20/02/2013​Assembly of States
Parties
President of the Assembly regrets visit of Sudanese President to Chad
16/07/2013​Assembly of States
Parties
President of the Assembly calls upon the Government of Nigeria to respect its obligations under the Rome Statute
16/07/2013​​ChambersPre-Trial Chamber II requests Nigeria to immediately arrest Omar Al Bashir
​​18/09/2013​​ChambersAl Bashir case: ICC Judges invite the US to arrest the suspect and surrender him to the Court
​​26/02/2014​​Assembly of States
Parties
President of the Assembly calls upon the Government of the Democratic Republic of the Congo to respect its obligations under the Rome Statute
​​10/04/2014​ICC PresidencyICC informs the United Nations Security Council and the Assembly of States Parties about DRC’s non-cooperation in the arrest and surrender of Omar Al Bashir
10/12/2014 ​Chambers ​Saif Al-Islam Gaddafi Case: ICC Pre-Trial Chamber I issues non-compliance finding for Libyan Government and refers matter to UN Security Council
09/03/2015​ChambersPre-Trial Chamber II informs the United Nations Security Council about Sudan’s non-cooperation in the arrest and surrender of Omar Al Bashir
26/06/2015Chambers ​ICC Pre-Trial Chamber II refers to the UNSC Sudan’s non-cooperation and failure to arrest Mr Abdel Raheem Hussein
12/07/2016 ​​Chambers ​Al Bashir case: ICC Pre-Trial Chamber II finds non-compliance of Uganda and Djibouti; refers matter to ASP and UN Security Council
19/09/2016 ​​Chambers ​ICC Trial Chamber V(B) refers non-cooperation of the Kenyan Government to the Assembly of States Parties to the Rome Statute

 

 X. Social Media 

Social media is used widely by the office of the President of the Assembly to receive and confirm information about potential incidents of non-cooperation, and to notify and encourage stakeholders to join efforts to prevent instances of non-cooperation.
@PASP_ICC

 

Source:  Assembly of States Parties