TY - JOUR
T1 - The International Criminal Court’s New Creatures
T2 - Post-preliminary Examination Cooperation Agreements
AU - Martini, Pauline
AU - Arévalo-Ramírez, Walter
AU - Olasolo, Héctor
N1 - Publisher Copyright:
© PAULINE MARTINI ET AL., 2024.
PY - 2024
Y1 - 2024
N2 - The article examines a recent practice of the Office of the Prosecutor of the International Criminal Court. The practice consists in the adoption of a cooperation agreement following the closing of a preliminary examination, with the Head of State of the concerned country. It was initiated after the closing of Situation in Colombia in October 2021, and repeated after the closing of Situation in Guinea in September 2022. In the absence of a legal basis allowing for the conclusion of such “post-preliminary examination cooperation agreements” in the Rome Statute framework, the article analyses their legal nature, as it is a necessary step to determine their validity under international law and capacity to generate binding obligations upon their parties.
AB - The article examines a recent practice of the Office of the Prosecutor of the International Criminal Court. The practice consists in the adoption of a cooperation agreement following the closing of a preliminary examination, with the Head of State of the concerned country. It was initiated after the closing of Situation in Colombia in October 2021, and repeated after the closing of Situation in Guinea in September 2022. In the absence of a legal basis allowing for the conclusion of such “post-preliminary examination cooperation agreements” in the Rome Statute framework, the article analyses their legal nature, as it is a necessary step to determine their validity under international law and capacity to generate binding obligations upon their parties.
UR - http://www.scopus.com/inward/record.url?scp=85202464287&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85202464287&partnerID=8YFLogxK
U2 - 10.1163/15718034-BJA10120
DO - 10.1163/15718034-BJA10120
M3 - Research Article
AN - SCOPUS:85202464287
SN - 1569-1853
VL - 23
SP - 248
EP - 282
JO - Law and Practice of International Courts and Tribunals
JF - Law and Practice of International Courts and Tribunals
IS - 2
ER -
