الخلاصة:
The states had an essential role in the establishment of the
International Criminal Court, and this role has importantly increased after
the entry of the Rome Statute into force, the fact that the cooperation of
States with is the basic foundation of the Rome Statute, because this
cooperation is a necessary mechanism for the good work of the Court or
for its effectiveness and even its legitimacy, so because the international
Criminal Court lacks everything enjoyed by the states, thus, it has neither
territory, nor army and police, it depends entirely on the goodwill of the
states to support its activities and its work in conducting investigations
and the implementation of its decisions. Thus, Article 86 of Rome Statute
provides that the cooperation of States is essential to the proper
functioning of the International Criminal Court, and each of the States
parties has an obligation to establish a system of cooperation with the
International Criminal Court in accordance with the Statute of the latter.
On the other hand, the International Criminal Court's powers are
limited in the case of non-cooperation with it, thus it do not possess a
coercive power or a mechanism for punishment for that, and in this
context, the political will of States consists a key factor, especially since
the provisions regarding cooperation with the Court reflect the balance
between the need to an effective court and the privileges of sovereign
states whose their support for the court and its function in the application
of international criminal justice consists a key factor for its success as
they have the authority to implement the provisions and decisions of the
Court in accordance with the cooperation provisions set out in its statute.
