Introduction

This chapter introduces the subject matter of the book, the extraterritorial apprehension of ICC suspects if the territorial State is unwilling or unable to arrest them. It posits that, despite acknowledged shortcomings, the International Criminal Court (ICC) has the potential to act as a deterrent against the perpetration of crimes, even in violence-torn areas of limited statehood. However, such a deterrent effect depends on a serious threat of prosecution for non-State actors as well as State leaders. If the State on whose territory a suspect is located is unwilling or unable to apprehend, international forces might step in. This chapter also provides an outline of the book. Specifically, the book demonstrates that international forces are regularly reluctant to execute arrest warrants issued by international criminal tribunals and often lack a clear mandate to do so (in particular Chap. 2 ). In light of these obstacles, this book explores its central question of when international forces have the right and when they have the obligation to bring alleged core criminals to justice independently of their mandates. In order to address this question, the book assesses the aut dedere aut judicare obligations in IHL and IHRL that might compel international forces to execute ICC arrest warrants (Chap. 3 ). In addition, it discusses the norms of the UN Charter, IHL and IHRL that limit as well as those that permit extraterritorial deprivations of liberty and surrenders to the ICC (Chaps. 4 , 5 and 6 ).