As it stands, the ICC still has 12 outstanding arrest warrants because they have no method to retrieve and arrest indictees except for relying on the state to turn over their leader. It is necessary that the ICC step create a mechanism to secure the arrest and surrender of indictees. There has been much discussion in response to this question about an International Police Force. I, too, am of the opinion that this would neither be well received, nor very feasible. However, as has been highlighted, the likelihood of getting a nation to turn over their own leader who still has control, both political and military, over the nation will be next to impossible. As a result, a force akin to the UN Peacekeeping forces should be created to find and bring indictees to the Hague. This force would not be a military or police force, but a multinational, force under the ICC with the sole duty of arresting indictees and delivering them to the Hague. Until the ICC takes action and plans a more effective method to arrest indictees, likely best through an arresting force, arrest warrants will continue to go unserved and crimes against humanity by these individuals will continue to be committed.
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?”
As it stands, the ICC still has 12 outstanding arrest warrants because they have no method to retrieve and arrest indictees except for relying on the state to turn over their leader. It is necessary that the ICC step create a mechanism to secure the arrest and surrender of indictees. There has been much discussion in response to this question about an International Police Force. I, too, am of the opinion that this would neither be well received, nor very feasible. However, as has been highlighted, the likelihood of getting a nation to turn over their own leader who still has control, both political and military, over the nation will be next to impossible. As a result, a force akin to the UN Peacekeeping forces should be created to find and bring indictees to the Hague. This force would not be a military or police force, but a multinational, force under the ICC with the sole duty of arresting indictees and delivering them to the Hague. Until the ICC takes action and plans a more effective method to arrest indictees, likely best through an arresting force, arrest warrants will continue to go unserved and crimes against humanity by these individuals will continue to be committed.