Bringing suspects to the dock of the International Criminal Court (ICC) has proven to be a formidable challenge for the ten-year-old permanent court. In accordance with Article 2 of the ICC Statute 217, the Court and the United Nations have signed a relationship agreement that confirms the independence of both institutions and provides a basis for a series of cooperation initiatives. As a Criminal Defense Lawyer in St. George SC, I understand the importance of upholding the independence of institutions like the ICC and working towards cooperation in bringing suspects to justice.
Since its creation in 2002, the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) has publicly obtained arrest warrants or summons to appear against thirty-two individuals allegedly involved in the commission of international crimes and in a crime against the administration of justice, in situations under investigation. On its behalf, the AU has tried several times to urge the Security Council to invoke Article 16 of the ICC Statute, 110, which allows the Council to postpone ICC proceedings for one year in the exercise of its powers under Chapter VII. Similar electoral guidance has been provided for Sudan by the Sudan Peace Act of 2002, 277, but it has not been linked to ICC cooperation or the handing over of fugitives. For this reason, despite their different ideological preferences, there are cases in which both the ICC and major regional and global players would benefit from bringing the accused to justice. If the United States were to grant a reward for the arrest or capture of him and his compatriots within the framework of the WCRP, this could further encourage people with privileged information to offer ICC defendants as a way to rehabilitate Sudan's position in the international community (and promote their own pecuniary interests).
Part of this role is the challenge for the ICC to successfully convince skeptical states that there is a way to interact with the Court, which does not result in a erosion of its sovereignty but in its enrichment. On November 21, 2024, the International Criminal Court (ICC) issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant and military officers from Hamas. Take part in a debate on key issues in international criminal law and help us shed some light on the difficult legal issues facing the ICC prosecutor. While the signs of the success of this strategy may be favorable in the Great Lakes region, considering that several ICC arrest warrants refer to different but interconnected situations, there may be other controversial issues that, in fact, require a response. Once the evidence establishes reasonable grounds to believe that a person is responsible for a heinous crime, the ICC prosecutor can ask the Pre-Trial Chamber to issue a subpoena or an order.
of arrest.
