This has huge implications, because if IDF and government officials are indicted, over 125 ICC member state countries, including most of the EU, could be put in the difficult position of being obligated to arrest IDF and top Israeli government and military officials. Any such trend could even potentially impact the future willingness of Israelis to join IDF combat units and heavily impact Israel's national security strategy.


Did any ICC member state country ever refuse to arrest members indicted by the ICC? It says that countries may be obliged to arrest people who are indicted by the ICC, but it doesn't seem like the ICC has jurisdiction over the member states, and the member states can simply ignore or refuse or pretend to be doing something while doing nothing. Did this ever happen, and how does the ICC deal with this kind of situation?


1 Answer 1


Yes, and I am sure it happens frequently.

South Africa defends decision to ignore ICC's Bashir arrest warrant

THE HAGUE (Reuters) - South Africa told the International Criminal Court on Friday that it believed it was under no obligation to arrest Sudanese President Omar Hassan al-Bashir during a visit two years ago even though he was subject to an ICC arrest warrant.

The ICC warrant did not outweigh a South African law that grants sitting heads of state immunity from prosecution, South African legal representative Dire Tladi told judges at a hearing to discuss Pretoria’s failure to arrest al-Bashir in 2015.

“There is no duty under international law and the Rome Statute to arrest a serving head of state of a non-state-party such as Omar al-Bashir,” Tladi argued.


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