Critical Thoughts on Article 59(2) of the ICC Statute

The International Criminal Court (ICC) has already issued itsfirst arrest warrants. Hence, the question of the custodialstate arresting a person in response to a request issued bythe Court and his or her appearance before competent judicialauthorities (per Article 59(2) ICCSt.), becomes compelling.Several pertinent questions arise in relation to the applicationof this provision. The article addresses, in particular, issuessuch as: (i) the rationale for Article 59; (ii) the implicationsof paragraph 2; (iii) the consequences of non compliance withthis provision; (iv) the impact of human rights decisions onits application and (v) the question of self-referrals in relationto paragraph 2.