[New publication] Justice on hold: The consequences of non-cooperation with the International Criminal Court

A new book from Asser Press argues that the International Criminal Court (ICC) must look beyond its founding treaty, the Rome Statute, to confront a growing crisis of states refusing to cooperate. In "The Consequences of Non-cooperation with the International Criminal Court," author Melville Ludwig Jacobs (Palacký University Olomouc) asserts that when nations fail to assist the ICC, it not only harms the court's credibility but also leaves victims without justice and undermines the global rule of law. Jacobs proposes that to address this legal vacuum, the ICC should draw on broader principles of general international law to respond effectively. His bold proposition is a call for a fundamental rethink of how the international community can ensure global justice when cooperation breaks down.

The International Criminal Court in The Hague - which tries individuals for genocide, war crimes, crimes against humanity, and aggression - has no enforcement arm. The court relies on its member states to arrest suspects, share evidence, and uphold justice. But in many cases, states have failed to cooperate, particularly in politically sensitive cases involving powerful actors.
The current tools available to the court, such as referring non-compliant states to the UN Security Council or the Assembly of States Parties, have rarely led to consequences. In his new book, Melville Ludwig Jacobs argues that this structural gap is no longer tenable. The consequences of non-cooperation are not abstract; rather, they affect real people waiting for justice in places like Sudan, Ukraine, and the Central African Republic.

Procedural hiccup
The book’s key message is clear: accountability depends not only on courtrooms, but also on collective action by the international community. Non-cooperation, he writes, should be treated not as a procedural hiccup but as a breach of international legal obligations. The author critically examines how these failures erode accountability, delay justice, and empower impunity.
What makes this book stand out is the author’s fresh approach to using general international law for solutions. Melville Ludwig Jacobs argues that the ICC can look to broader principles of international law to address non-cooperation. By drawing on frameworks like the Responsibility to Protect (R2P) and jus cogens norms – which are universal legal principles that are binding on all states - Jacobs offers the ICC a new toolkit. This strategy, he contends, would not only bolster the court’s authority but also reinforce the global norms that are supposed to protect people from the world’s most serious crimes.
“The ICC doesn’t need new laws,” Jacobs notes. “It needs to use the law it already has, more broadly, more confidently, and with the political will to stand firm when justice is obstructed.”
At a time when global justice faces increasing politicisation, the book offers timely and solid guidance, while maintaining a balance between legal precision and accessibility. The publication is an ideal resource piece for legal researchers and practitioners, while it also speaks to diplomats, human rights advocates, and international policymakers.

About the author
Dr Melville Ludwig Jacobs is a postdoctoral research fellow at the Faculty of Law, Palacký University Olomouc, Czech Republic. His work focuses on international criminal law, state responsibility, and the enforcement of legal norms across borders.
This is Volume 37 in the International Criminal Justice Series published by T.M.C. Asser Press in collaboration with Springer.

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