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Why does the International Criminal Court depend on national governments to arrest suspects?

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Hear about the formation, functions, and limitations of the International Criminal Court — International criminal law Learn about the International Criminal Court.

The International Criminal Court (ICC) lacks its own independent police force or executive branch to enforce its mandates. Consequently, it relies on national justice systems to carry out investigations and to execute the arrest and transfer of suspects to its headquarters in The Hague.1

This dependence is a structural reality of the court's design, as it functions as a court of last resort that respects the primacy of national jurisdictions. Because the ICC operates based on the cooperation of member states, it cannot compel an arrest if a government is unwilling or unable to act. This limitation is highlighted by instances where signatory nations have failed to fulfill their obligations to arrest individuals subject to ICC warrants, such as when heads of state have traveled to member countries without being detained. Ultimately, the effectiveness of the court in bringing individuals to justice is intrinsically tied to the political will and legal cooperation of national governments.12