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 arrest warrants when there are reasonable grounds to believe a person has committed a crime within the ICC's jurisdiction. Warrants are transmitted to states parties and to any state on whose territory the suspect may be found. States parties have a legal obligation to cooperate with and execute ICC arrest warrants under Part 9 of the Rome Statute.
The ICC has issued over 50 arrest warrants since its creation. Some have been executed: Thomas Lubanga, Bosco Ntaganda, and Dominic Ongwen were all surrendered or captured. Others remain outstanding for years or decades. Omar al-Bashir traveled freely to states parties for years without arrest. The warrant for Joseph Kony, leader of the Lord's Resistance Army, has been outstanding since 2005.