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91) Indeed, when faced the next year with a continued lack of compliance from the United Kingdom, the United States, and NATO in arresting indictees, Goldstone proceeded--despite the legalistic reservations of prosecutorial staff--with in abstentia hearings to pressure international authorities to apprehend two high-profile indictees, a process that drove Radovan Karadzic out of elected office.
In most instances it will be a political decision to set up an international justice mechanism, to support it, and to turn over indictees to that court for trial.
Indeed, the first indictee held at the court, Thomas Lubanga, was delivered in 2006 by the authorities of the Democratic Republic of Congo.
As Susan Lamb notes, "One feature that distinguishes the forcible arrest of a Tribunal indictee from the ordinary case of intervention is the fact that a person indicted for serious breaches of international humanitarian law is a suspect whom the international community as a whole has a strong interest in bringing to justice.
The large number of indictees at the ad hoc tribunals eventually led the Security Council to amend their statutes to create additional trial chambers and to provide for ad-litem judges, but even with these changes both tribunals will operate for at least a decade.
If the ICC orders an unwilling government to arrest an indictee or disclose its documents and records, there must be an agreed range of sanctions which other governments are able and willing to impose to compel compliance.
It overlooks the fact that the Tribunal is not equipped with the means of physically apprehending indictees and that this task belongs to the international community, in the broadest sense of the term.
The court's most prominent indictee is former Yugoslav President Slobodan Milosevic, who is being held in a national corruption investigation, but has not been turned over to the tribunal to face charges of atrocities committed by the Yugoslav military.
The first indictee in the capacity of an employee of the Fifth Administration of the Security and Counter-Intelligence Administration unlawfully established a commission for the purpose of destroying official documentation and together with six members of the commission destroyed 2,047 official documents, 22 of which concerned the communication interception systems," Fetai said.
Omer al-Bashir remains fugitive from the International Justice and the indictee of the International Criminal Court (ICC) for the crimes of war, crimes against humanity and genocide he has perpetrated against the civilian Sudanese populations in Darfur.
A legal case against former president Charles Taylor, an war crimes indictee of the Special Court for Sierra Leone (SCSL) who lives in exile in Nigeria, remains unresolved.
She also pointed to reports of the ongoing involvement of ICC indictee Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, in clashes in Central Darfur in April.