The Security Council Who Cried Wolf

By Brigitte Hamadey "Kony 2012" is one organization's attempt to demand the arrest and surrender of Joseph Kony, leader of the Lord's Resistance Army, to the International Criminal Court. While Invisible Children has succeeded in putting Kony back on a radar screen, the question is not whether their goal will be accomplished, but why their efforts might have been necessary in the first place. The YouTube sensation highlights the fact that there are outstanding arrest warrants issued by the International Criminal Court that demand the international community's attention. One of the ICC's major realities is that it relies entirely on states to arrest and surrender accused to the Court. In this respect, state cooperation gives teeth to the ICC's bark. This is especially true for the Court's attempt to provide justice in Darfur and Libya, the situations referred by the UN Security Council, because neither Sudan nor Libya themselves requested ICC involvement. The Court has issued seven arrest warrants in these situations. To date, none of the suspects have been surrendered to The Hague. Despite its leadership in referring the Darfur situation to the ICC, the Security Council has failed to pressure the Sudanese government to comply with its international obligations vis-à-vis the Court. For instance, since April 2007, when the Court first issued arrest warrants for suspects who have allegedly committed crimes in Darfur, the ICC Prosecutor has briefed the Security Council nine times on the situation in Darfur, including on Sudan's repeated refusals to cooperate. In May 2010, the ICC Pre-Trial Chamber informed the Security Council of its decision that Sudan has failed to comply with its legal obligations. In spite of these findings, the Council has turned a blind eye. Read more >>>>>>>>>>>>>>>>>>>>>>>>>>>>