The president of the Sudan, Omar al-Bashir has consecutively visited Uganda in both May 2016 and November 2017 and returned to his country without being arrested. president Omar al-Bashir is wanted by the International Criminal Court for war crimes and crimes against humanity allegedly committed in the Darfur region.
Uganda as a member state to the Rome statute is obligated to arrest president Omar al-Bashir on sight in Uganda but has always defied the ICC.
From these developments we may realize that;
1. the ICC’s dependency on individual state cooperation leaves it ineffective
2. the absence of international law enforcing institutions in individual states cripples its would be strength especially in arresting fugitives.
3. Africa seems to have become hostile to the ICC’s operations and the hostility is likely to keep growing.
4. The ICC needs to re-strategize on enforcement measures of the Rome Statute.
5. Probably, indicting those who fail to arrest fugitives present in their states to the ICC will force them to choose between inviting fugitives to their countries or effect the arrest so that they are not arrested.
6. The rate of non-cooperation from member states is a serious set-back for international and transnational criminal justice