Since the establishment of the ICC the court has made public 24 arrests. Most cases, 16 of them, happened when the arrest warrants were kept under seal until after the suspect surrendered to the court. The remaining 8 suspects were apprehended after an arrest warrant was shared with the public.
Looking for suspects ‘under the radar’ not only resulted in more arrests, but also in a shorter search. After a concealed arrest warrant, it took a maximum of two years for a suspect to be apprehended, as opposed to a maximum of nine years after the warrant was shared with the public.
Dobson explains that operating covertly is more effective because it doesn't reveal your hand to suspects. "You can catch them unexpectedly." The ICC typically focuses on suspects in positions of power, such as presidents, military leaders, or heads of police forces, she says. "These individuals can abuse their power to avoid arrest."
'We are after you'
According to Dobson, the ICC is balancing between tracking and prosecuting suspects on one hand and meeting the expectations and demands of society on the other. Publicly sharing arrest warrants is, in her view, largely symbolic: "To show NGOs and victims: the ICC is taking action! It's doing everything possible to apprehend those responsible for the suffering. To the perpetrators: we're after you! And to member states: look, this is how we're using the funds. It's essentially a form of PR. But this transparency results in fewer arrests."
Dobson advises all parties involved, from legal professionals to scientists, NGOs, and the ICC itself, to carefully scrutinize "the almost mythical concept" of transparency. "What do we mean by this, and what is our exact goal? And how does it affect the operation and effectiveness of the court?"
Read all about Dobson's research here: Promotie J.L.O. Dobson - Vrije Universiteit Amsterdam (vu.nl)