Poziţia Curţii Penale Internaţionale faţă de principiul male captus bene detentus
The International Criminal Court’s position on the male captus bene detentus principle

Summary/Abstract: In a tense political context, in which the number of non-cooperation decisions issued by the International Criminal Court and referred to the UN Security Council is constantly increasing, there is a legitimate question to be answered: is there another possibility of enforcing the arrest warrants issued by the Court in order to put an end to impunity? The recent examples of Omar Al-Bashir and Abdel Raheem Hussein, who remain at large due to the lack of cooperation of member states, brings the discussion of alternative capturing methods to the present. What if there was a possibility to trick them to leave the territory of the states that protect them and then arrest them? Should one act upon it? Or could another member state capture them on the territory of non-cooperating states? Would the Court exercise its jurisdiction despite the irregular manner in which the defendants were brought before it? The scope of this article is to try to shed light on the matter and offer some answers to these questions. After a brief explanatory introduction on the male captus bene detentus principle – concept, male captus situations and problems arising from irregular arrests in general and a short presentation of the arrest and surrender mechanism in the Rome Statute, there is a distinct section dealing with the application of the principle by the International Criminal Court in past cases. Although, as we will come to realise, there is no unequivocal decision on this matter, this article tries to pin-point several guiding aspects and to draw some conclusions on the possibility of exercising jurisdiction in cases of male captus in order to put an end to impunity.

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