International Criminal Court
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44. Who has to execute the warrants of arrest?
The responsibility to enforce warrants of arrest in all cases remains with States.
In
establishing the ICC, the States set up a system based on two pillars. The Court
itself is the judicial pillar. The operational pillar belongs to States,
including the
enforcement of Court orders.
States Parties to the Rome Statute have a legal obligation to cooperate fully
with the ICC. When a State Party fails to comply with a request to cooperate, the
Court may make a finding to that effect and refer the matter
for further action to
the Assembly of States Parties.
When the Court’s jurisdiction is triggered by the Security Council, the duty to
cooperate extends
to all UN Member States, regardless of whether or not they are a
Party to the Statute. The crimes within the jurisdiction of the Court are the gravest
crimes known to humanity and as provided for by article 29
of the Statute they
shall not be subject to any statute of limitations. Warrants of arrest are lifetime
orders and therefore individuals still at large will sooner or later face the Court.
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