Abstract:
Core international crimes are the most serious crimes which concerns the international community
as a whole. National jurisdictions are obliged to investigate and prosecute the crimes while ICC
complements accountability gaps created by the states. States cooperation plays central role in
execution of ICC arrest warrant due to absence of its own enforcement agents. This thesis
examines enforcement of states obligation to execute ICC arrest warrant. It was conducted with
doctrinal type research employing legal analysis of applicable laws of ICC and other sources of
international law. The binding nature of obligation to enforce arrest warrant and its enforcement
determines ICC’s success in ensuring accountability. Under Rome statute, state parties to Rome
statute are bound to execute ICC arrest warrant while non-party states obligation is of voluntary
nature. Nevertheless, there are circumstances in which non-party states obligation becomes
obligatory under general principles of international law. States parties’ duty to effect the arrest
warrant has been challenged by personal immunity of incumbent head of states of non-party states
to Rome statute. When obligation to execute ICC arrest warrant and uphold personal immunity of
incumbent senior officials of non-party states are in conflict, it is uneasy to reconcile. The rule of
customary international law does not grant personal immunity before ICC and states cooperating
with ICC to effect arrests. States immunity becomes restrictive and human rights protection
elevates. ICC should not request arrest if it causes breach of immunity and execution of the arrest
has to be postponed until removal of the immunities. Immunity may be waived through ratifying
the Rome statute, accepting ICC jurisdiction or joining UN. To implement execution of arrest
warrant, state parties are obliged to consult and provide information to the Court. Among others,
negative perceptions of selective prosecution, Selective UNSC referral of situations without
objective criterion, absence of actions taken against uncooperative states impedes states
cooperation. Lack of alternatives to complement states cooperation challenges the Court. Thus,
UNSC should extend the mandate of peacekeeping missions to effect arrest. It should set and
employ consistent and objective criteria in order to refer situations in non-party states to Rome
and to actively follow up and assist the ICC in bringing suspects to ICC. Failure to take actions
against uncooperative states allow suspects to remain at large and creates injustices to Victims.
ASP or UNSC should take coercive actions against uncooperative states to foster cooperation.
