The Problematic of Implementing International Criminal Court Arrest Warrants Against Heads of State

Abstract

This research aims to root the legal basis for the accountability of heads of state before international criminal justice, while deconstructing the procedural and practical challenges that hinder the enforcement of arrest warrants issued by the International Criminal Court (ICC). The study focuses on the normative conflict between the principle of "irrelevance of official capacity" under Article 27 of the Rome Statute and the established rules of sovereign immunity in customary international law, as well as the resulting contradiction in the obligations of States Parties. Utilizing a comparative analytical approach, the research examines the impact of UN Security Council referrals and the role of the principle of complementarity in shielding leaders from prosecution. The study concludes that the effectiveness of international justice remains contingent upon the political will of states due to the ICC's lack of enforcement power. Consequently, it is imperative to develop procedural mechanisms that ensure the primacy of international criminal prosecution over traditional immunities to end the era of impunity.