From my understanding of the issue, it seems that the problem lies with the Security Council. The Security Council is lacking in arrest authority, which is what has allowed governments to continue to be uncooperative. The security council should say and that non-party states are obligated to arrest indictees and bring them to the Hague. Measures by the Security council need to be viewed as obligations by governments, as opposed to measures that can be negotiated through political dialogue. Peace keeping forces should have arrest authority; therefore, even uncooperative governments won't get away with letting indictees remain free on their territories. The changes need to be on the ground with these forces, as well as in the language of security council resolutions.
David Scheffer
Professor of Law
Comment on the Arrest Lecture Question: “What steps can and should the ICC take to secure the arrest and surrender of indictees?”
From my understanding of the issue, it seems that the problem lies with the Security Council. The Security Council is lacking in arrest authority, which is what has allowed governments to continue to be uncooperative. The security council should say and that non-party states are obligated to arrest indictees and bring them to the Hague. Measures by the Security council need to be viewed as obligations by governments, as opposed to measures that can be negotiated through political dialogue. Peace keeping forces should have arrest authority; therefore, even uncooperative governments won't get away with letting indictees remain free on their territories. The changes need to be on the ground with these forces, as well as in the language of security council resolutions.