Abstract
The International Criminal Court (ICC) has already issued its first arrest warrants. Hence, the question of the custodial state arresting a person in response to a request issued by the Court and his or her appearance before competent judicial authorities (per Article 59(2) ICCSt.), becomes compelling. Several pertinent questions arise in relation to the application of this provision. The article addresses, in particular, issues such as: (i) the rationale for Article 59; (ii) the implications of paragraph 2; (iii) the consequences of non compliance with this provision; (iv) the impact of human rights decisions on its application and (v) the question of self-referrals in relation to paragraph 2.
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