I think that the solution to make the arrest and surrender of indictees to the the ICC effective remains within the ICC Statute and in the Court capabilities. Since the ICC deals with independent and sovereign States and populations, any solution which will be seen as imposed by external actors - whether the so called special task force or international police forces - will prove inadequate and inefficient because of many reasons already pointed out by other commenters. The arrest and surrender to be successful has to be explained and understood within the concerned population as something that serve their interest (economic, political, diplomatic...).
For instance, recent past history testifies that Malawi decided not to host an African Union Summit because Omar Al Bashir visit was contrary to Malawi population economic interest. A range of solutions can be used to achieve such a result including: bargaining international aid against the arrest and surrender of indictees, working to change the population negative perception on the activities of the Court (both in concerned States and other States in the - African - region). The change of perception for example in Sudan could lead to Bashir's failure at the next presidential elections and his subsequent arrest and surrender.
In fact, lessons learned from the ICTY arrest and surrender practice show that not only indictees were surrendered to the Tribunal because of the political and diplomatic pressure but also, some leaders voluntarily surrender either to rescue their population from economic sanctions or to help their States fulfill the entrance into the European Union criteria.
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?”
I think that the solution to make the arrest and surrender of indictees to the the ICC effective remains within the ICC Statute and in the Court capabilities. Since the ICC deals with independent and sovereign States and populations, any solution which will be seen as imposed by external actors - whether the so called special task force or international police forces - will prove inadequate and inefficient because of many reasons already pointed out by other commenters. The arrest and surrender to be successful has to be explained and understood within the concerned population as something that serve their interest (economic, political, diplomatic...).
For instance, recent past history testifies that Malawi decided not to host an African Union Summit because Omar Al Bashir visit was contrary to Malawi population economic interest. A range of solutions can be used to achieve such a result including: bargaining international aid against the arrest and surrender of indictees, working to change the population negative perception on the activities of the Court (both in concerned States and other States in the - African - region). The change of perception for example in Sudan could lead to Bashir's failure at the next presidential elections and his subsequent arrest and surrender.
In fact, lessons learned from the ICTY arrest and surrender practice show that not only indictees were surrendered to the Tribunal because of the political and diplomatic pressure but also, some leaders voluntarily surrender either to rescue their population from economic sanctions or to help their States fulfill the entrance into the European Union criteria.