دور ومكانة الدول في عمل المحكمة الجنائية الدولية الدائمة.

Abstract

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.