Chapter 4. The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations

Abstract

This chapter considers the various perspectives on the debate that the issuance of an arrest warrant by an international criminal court against a sitting head of state, or rebel leader with the power to settle on a possible peace agreement, creates a fundamental tension between the interests of justice and the possibility of negotiating a cessation to hostilities. Then, it briefly focuses on the prosecutorial discretion of the ICC Prosecutor under Article 53 of the Rome Statute, and considers to what extent the “interests of justice” can and do comprise consideration of political contingencies. Keywords:arrest warrants; interests of justice; international criminal court; peace negotiations; prosecutorial discretion