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2020 AJICJ 252 (2020)
Interstate Cooperation and Why a Horizontal Treaty Would Make a Difference for ICC Investigations

handle is hein.journals/ajicj2020 and id is 258 raw text is: Interstate Cooperation and Why a Horizontal Treaty Would Make a Difference for ICC Investigations* George William Mugwanya Abstract The International Law Commission's Draft Articles on the Prevention and Punish- ment of Crimes Against Humanity contain an obligation to implement an inter- state cooperation regime. This article argues that although this regime is 'horizon- tal', it also has the potential to enhance the efficacy of investigations by the Inter- national Criminal Court (ICC). It provides a brief overview of the regime as set out in the Draft Articles, and the ICC's cooperation regime, before exploring how the Draft Articles can fill some gaps in the ICC system. It also makes suggestions to improve the Draft Articles and strengthen the cooperation regime. Keywords: cooperation framework, Draft Articles, international criminal law, International Criminal Court, interstate cooperation. 1 Introduction This article assesses interstate cooperation under the Draft Articles on the Pre- vention and Punishment of Crimes Against Humanity' (Draft Articles on Crimes Against Humanity) of the International Law Commission (ILC) and why this hor- izontal treaty may make a difference for International Criminal Court (ICC) inves- tigations of crimes against humanity under the Rome Statute. It argues that while the interstate cooperation regime proposed by the Draft Articles is 'horizontal' - in the sense that it creates relationships and obligations between (Member) States inter se, rather than between each State and the ICC - this regime may also enhance the efficacy of ICC investigations in a couple of interrelated aspects. * The views expressed herein are those of the author and do not necessarily represent those of the ICC or its Office of the Prosecutor. ** Advocate, High Court of Uganda; Prosecution Appeals Counsel, International Criminal Court (ICC). Formerly Senior Appeals Counsel, UN International Criminal Tribunal for Rwanda, and Senior Lecturer, Makerere University Faculty of Law, he holds a JSD (summa cum laude), (Notre Dame Law School); LLM (Birmingham); LLM (with distinction) (Pretoria); LLB (Hons) (Makerere) and a Postgraduate Diploma in Legal Practice (Law Development Centre). 1 Draft articles on Prevention and Punishment of Crimes Against Humanity, with commentaries, in Int'l Law Comm'n, Report of on the Work of Its Seventy-First Session, UN Doc. A/74/10 (2019). 252 African Journal of International Criminal Justice 2020 (6) 2 doi: 10.5553/AJ/2352068X2020006002013

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