Problems surrounding arrest warrants issued by the International Criminal Court: a decade of judicial practice

• Authors: Aleksandra Dłubak
• Languages of publication: EN

Abstracts

EN

Certain aims of international criminal justice, such as prosecution and the punishment of perpetrators of international crimes, can be achieved through the international institutions created to administer justice. However, one of the essential requirements is to ensure the suspect’s presence at trial. The measures provided for in the Rome Statute to facilitate the International Criminal Court in fulfilling this condition and initiating proper proceedings include the issuance of arrest warrants and subsequent requests for arrest and surrender. Although a binding legal obligation exists under the Rome Statute with respect to States Parties, nonetheless inter-state cooperation has proven extremely difficult to obtain. There are many reasons for this, however problems of a legal and political nature are identified as the two main areas of obstacles. There are some measures that can be taken in order to prevent the occurrence of problems relating to arrest warrants. The Office of the Prosecutor and the Pre-Trial Chambers have certain powers that can positively affect the execution of arrest warrants. These organs aim to establish a positive cooperation network, both with the States Parties and non-Party States. By using the powers of external bodies, the ICC may attempt to establish favourable circumstances which would increase the effectiveness of arrest warrants.

Keywords

EN

international law; international criminal law; international criminal justice; International Criminal Court; ICC; arrest warrant

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2012
• Volume: 32
• Pages: 209-237

Contributors

author

Aleksandra Dłubak

• Uniwersytet Kardynała Stefa Wyszyńskiego, Wydział Prawa i Administracji, ul. Dewajtis 5, 01-815 Warszawa, Poland