Sunday, January 03, 2010

ICC Backdoor

clipped from

Creating an ICC Enforcement Mechanism         

• Consider the following aspects in the development of an international framework akin to an International Marshals Service: 1) State responsibility principles to arrest and handover; 2) entities that can effect an arrest; and 3) challenges ahead (cost vs. benefits, political will, State consent, intelligence sharing, non-permissive environments and U.S. engagement).         

The recommended approach for the problem of enforcement for the ICC is a specialized international task force either standing or ad hoc, composed of military and law enforcement personnel from States, including those party to the Rome Statute and perhaps non-party States. The task force would trade expertise on arrest means and explore which State(s) might have the interest, capability, and political will to assist in effectuating arrest of particular indicted fugitives in accordance with the procedures established by the task force.