It’s been a year since the original indictment—why hasn’t al-Bashir been arrested?
The ICC itself does not have the power to arrest an individual, only to issue a warrant for their arrest. According to the ICC’s charter, it is the responsibility of participating countries to arrest and deliver suspects to the court to stand trial. This type of arrest can occur when a suspect is traveling abroad to a country that is a signatory to the ICC, by the suspect’s home country, or even by the suspect giving themselves up for arrest. Of the fourteen people currently under indictment by the ICC, four have been arrested and another three are appearing voluntarily before the court. Since being charged with crimes against humanity and war crimes, al-Bashir has yet to travel to any countries participating in the ICC. The addition of the charge of genocide may expand the number of countries willing to detain al-Bashir as he travels and increase the odds of his arrest. Does this mean that the ICC has confirmed that genocide has taken place in Darfur Not yet: currently, the judges of
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