ICC Fugitives: The Need for Bespoke Solutions

Abstract

It is axiomatic that the ICC depends on the cooperation of the international community, including state parties and non-party states alike, to carry out its mandate to prosecute the “most serious crimes of international concern.” Nowhere is this dependency more apparent than with respect to the imperative of gaining custody of the accused. Given the high degree of situational variation, strategies aimed at gaining custody of one fugitive will not necessarily be effective with others. As such, the international community — in coordination with the Court — needs to devise bespoke solutions. This paper discusses the particular circumstances of each of the current at-large accused and outlines a host of measures that could be employed for improving the prospects of bringing the remaining fugitives into custody. This article appeared as part of UCLA School of Law’s forum on the International Criminal Court established as part of the Sanela Diana Jenkins Human Rights Project in partnership with the Office of the Prosecutor of the International Criminal Court.