If the International Criminal Court indicts people in the Sudan, who arrests them

Factual Questions
1

http://news.yahoo.com/s/ap/20050605/ap_on_re_eu/international_court_darfur

The ICC is looking into human rights abuses in Darfur. If the abuses lead to an indictment, how will the ICC actually procure the people being indicted? Will special forces be sent into the country to kidnap the people (it unlikely, but it was done in Yugoslavia), will the people be free and safe as long as they don’t travel to any of the 99 countries which have ratified the ICC (if they go to those countries like France or Kenya i’m pretty sure their domestic law enforcement is required to arrest and deport the indicted ones)

Sudan signed the statute for the ICC but didn’t rafity it. What does that mean for them? What all methods can & will be used to pressure Sudan to cooperate with the ICC (sanctions, withholding aid, etc) or what methods will be used to procure the individuals under indictment?

2

I’m also curious about how all this works. I don’t have an answer, just wanted to bump the Thread in case a knowledgable person happens to be lurking about.

3

It has been some time since I’ve looked at the Rome Statute, but as I recall, the ICC does not have any powers which you’d traditionally refer to as police powers. They have no cops, no special forces, no cloak-and-dagger types to run out and arrest people.

Instead, the model seems to be based upon the ICTY tribunal at The Hague which is trying war criminals from the former Yugoslavia. It is up to national governments to arrest indictees and turn them over, for other countries to go and nab them, or for the indictees to turn themselves in.

Under international law, countries that have signed, but not ratified, a treaty are prohibited from working against the substance of the treaty. In this respect, Sudan is sort of bound by its honor to turn over any indictees. Yeah, that’s not a terribly satisfying answer.

As far as sanctions, the Rome Statute does not give the ICC any punative powers. Problems of noncompliance with the treaty must either be worked out through negotiations or referred to the UN Security Council for their consideration.