Necessity for evolving an effective mechanism for the arrest of perpetrators of core international crimes: Some reflections on the arrest of Felicien Kabuga

Abstract

The Criminal Prosecution of those responsible for the commission of core international crimes is now an important part of the  international agenda. Perpetrators of mass atrocity crimes are now being made to account for their deeds through criminal prosecution.  Law enforcement agencies such as the police play a crucial role in the criminal prosecution process. The police are usually saddled with  the task of effecting the arrest of perpetrators of crime. So, for any criminal Justice system to function effectively, it must have an  organised and effective mechanism for the arrest of perpetrators of crime. This is lacking in the case of international criminal law  enforcement. This article critically examines the difficulty in arresting or apprehending perpetrators of core international crimes and its  effect on international criminal law enforcement. The paper argues that the difficulty in arresting or apprehending perpetrators of core  international crimes constitute an impediment to the effective functioning of the Tribunals and Courts established for the prosecution of  perpetrators of mass atrocity crimes. The paper found that due to the absence of an effective mechanism for the arrest of perpetrators of  core international crimes, most of them evade or escape arrest and remain unpunished thereby promoting the culture of impunity.  The paper also found that the existence of International Criminal Tribunals and Courts, do not deter would be perpetrators of mass  atrocity crimes since they are aware of the difficulty in apprehending them. The paper adopted the doctrinal research methodology. The article recommends the amendment of the statute of the international Criminal Court to include a provision mandating Interpol, UN  peace keeping force or regional Peace Keeping force on ground in the affected state or region to apprehend indicted perpetrators of  mass atrocity crimes and hand them over to the Courts for prosecution.