Arrest Warrants and Cooperation
How ICC arrest warrants are issued, why states often fail to execute them, and the consequences of non-cooperation.
Issuing Warrants
The Pre-Trial Chamber issues an arrest warrant when there are reasonable grounds to believe a person has committed a crime within the ICC's jurisdiction and arrest appears necessary to secure the person's appearance, prevent obstruction, or stop the crime (Article 58). Warrants are transmitted to states parties and to any state on whose territory the suspect may be found. Under Part 9 of the Rome Statute, states parties have a legal obligation to cooperate with and execute ICC requests, including arrest and surrender.
The ICC has issued dozens of arrest warrants since it began operating in 2002. Some have been executed: Thomas Lubanga, Bosco Ntaganda (who voluntarily surrendered at the US embassy in Kigali in 2013), and Dominic Ongwen were all brought to The Hague. Others have remained outstanding for years or decades. Omar al-Bashir, the sitting president of Sudan, was subject to warrants issued in 2009 and 2010 yet travelled freely to several states parties without arrest. The warrant for Joseph Kony, leader of the Lord's Resistance Army, has been outstanding since 2005 and remains unexecuted.
