In the face of such weak international arrest authority, is it logical to ask states to impose greater sanctions on themselves? The Ambassador's idea to have recalcitrant states to justify their non-cooperation actions is not quite logical in terms of how states operate. There is not a proper incentive other than moral imperatives to force states to ask. I am not sure that moral imperatives are very powerful in the face of geopolitical interests and issues of profit and gain; rather, there may need to be an institutional opportunity cost if states do not cooperates, rather than simply moral suasion.
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?”
In the face of such weak international arrest authority, is it logical to ask states to impose greater sanctions on themselves? The Ambassador's idea to have recalcitrant states to justify their non-cooperation actions is not quite logical in terms of how states operate. There is not a proper incentive other than moral imperatives to force states to ask. I am not sure that moral imperatives are very powerful in the face of geopolitical interests and issues of profit and gain; rather, there may need to be an institutional opportunity cost if states do not cooperates, rather than simply moral suasion.