Timing arrest warrants at the ICC
Timing arrest warrants at the ICC
Alberto Fierro Aldudo holds an LL.M. from Maastricht University, where he specialised international law and human rights. LinkedIn · X
Introduction
In recent years, the public announcement of the issuance of arrest warrants by the International Criminal Court (ICC) has attracted general interest and raised controversy and debate, especially with the arrest warrants in relation to the Situation in the State of Palestine, the Situation in Ukraine, and the Situation in the Republic of the Philippines. Rumours about new applications for arrest warrants have reached the media on several occasions, as well as statements of support and rejection from government officials and the public.
This article will present the current legal framework for the application and issuance of arrest warrants and summonses to appear at the ICC, as well as an overview of how long it has taken for the different Pre-Trial Chambers (PTC) to issue an arrest warrant or summons to appear after receiving the application from the Prosecutor in the 79 times this has been done between 2005 and 2025.
The legal framework
Article 58 of the Rome Statute provides that at any time after the initiation of an investigation the PTC may issue a warrant of arrest for a person after an application made by the Prosecutor if there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court and the arrest of the person appears necessary to ensure the person's appearance at trial, to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court. Alternatively, the PTC may also issue a summons to appear if it is satisfied that it is sufficient to ensure the person's appearance.
In recent years, the Prosecutor has publicly announced the application for arrest warrants regarding the Situation in Georgia, the Situation in the State of Palestine, the Situation in Afghanistan, and the Situation in Bangladesh/Myanmar. However, on 3 November 2025 the ICC amended Regulation 23 ter of the Regulations of the Court, requiring the OTP to file applications for arrest warrants as "under seal" or "secret" and therefore preventing public announcements of the application.
Timing arrest warrants
Since 2005, the ICC has made public the issuance of 79 arrest warrants and summonses to appear, 78 of which followed an application made by the Prosecutor. It is more than likely that other arrest warrants have been issued and remain secret and under seal; therefore, this article will only take into consideration the public ones.
The average time that the different PTCs take from the application to the issuance of the arrest warrant or summons to appear has been 78 days. The longest a PTC has taken to decide on this matter was the request for an arrest warrant or summons to appear against Abdallah Banda Abakaer Nourain in relation to the Situation in Darfur, Sudan. The application was made by the Prosecutor on 20 November 2008, and PTC I did not issue a summons to appear until 27 August 2009, 280 days later, following several additional requests for information to the OTP and an ex parte hearing. Later in the proceedings, Trial Chamber I issued an arrest warrant against Abdallah Banda Abakaer Nourain after he refused to appear following the confirmation of charges, although no formal request by the Prosecutor was made in that case.
The shortest time a PTC has taken to issue an arrest warrant was against Ronald Marapon Dela Rosa. The request was made by the Prosecutor on 3 November 2025 and approved by PTC I on 6 November 2025, just 3 days later. The fact that the same PTC had issued another arrest warrant against Rodrigo Duterte 8 months earlier and that both cases are closely connected (both individuals are allegedly co-perpetrators) probably made it easier for the judges to review the evidentiary material.
Regarding other notable cases, it took 185 days for the PTC to issue the arrest warrants against Benjamin Netanyahu, Yoav Gallant, and Mohammed Diab Ibrahim Al-Masri; 23 days in the case of Vladimir Putin and Maria Lvova-Belova; 25 days for the arrest warrant against Rodrigo Duterte; and 72 days in the case against Muammar Gaddafi. The complete list of the 79 public arrest warrants and summonses to appear issued by the ICC can be found here:
| Name | Application | Arrest Warrant | Days |
|---|---|---|---|
| Joseph Kony | 06 May 2005 | 08 Jul 2005 | 63 |
| Raska Lukwiya | 06 May 2005 | 08 Jul 2005 | 63 |
| Okot Odhiambo | 06 May 2005 | 08 Jul 2005 | 63 |
| Dominic Ongwen | 06 May 2005 | 08 Jul 2005 | 63 |
| Vincent Otti | 06 May 2005 | 08 Jul 2005 | 63 |
| Germain Katanga | 25 Jun 2007 | 02 Jul 2007 | 7 |
| Thomas Lubanga Dyilo | 13 Jan 2006 | 10 Feb 2006 | 28 |
| Callixte Mbarushimana | 20 Aug 2010 | 28 Sep 2010 | 39 |
| Sylvestre Mudacumura (I) | 15 May 2012 | 31 May 2012 | 16 |
| Sylvestre Mudacumura (II) | 13 Jun 2012 | 13 Jul 2012 | 30 |
| Mathieu Ngudjolo Chui | 25 Jun 2007 | 06 Jul 2007 | 11 |
| Bosco Ntaganda (I) | 13 Jan 2006 | 22 Aug 2006 | 221 |
| Bosco Ntaganda (II) | 14 May 2012 | 13 Jul 2012 | 60 |
| Bahar Idriss Abu Garda | 20 Nov 2008 | 07 May 2009 | 168 |
| Omar Hassan Ahmad Al Bashir | 15 Jul 2008 | 04 Mar 2009 | 232 |
| Ali Muhammad Ali Abd-Al Rahman (I) | 27 Feb 2007 | 27 Apr 2007 | 59 |
| Ali Muhammad Ali Abd-Al Rahman (II) | 03 Nov 2017 | 16 Jan 2018 | 74 |
| Abdallah Banda Abakaer Nourain (I) | 20 Nov 2008 | 27 Aug 2009 | 280 |
| Ahmad Muhammad Harun | 27 Feb 2007 | 27 Apr 2007 | 59 |
| Abdel Raheem Muhammad Hussein | 02 Dec 2011 | 01 Mar 2012 | 90 |
| Saleh Mohammed Jerbo Jamus | 20 Nov 2008 | 27 Aug 2009 | 280 |
| Jean-Pierre Bemba Gombo | 09 May 2008 | 23 May 2008 | 14 |
| Jean-Pierre Bemba Gombo | 10 Nov 2013 | 20 Nov 2013 | 10 |
| Aimé Kilolo Musamba | 10 Nov 2013 | 20 Nov 2013 | 10 |
| Jean-Jacques Mangenda Kabongo | 10 Nov 2013 | 20 Nov 2013 | 10 |
| Fidèle Babala Wandu | 10 Nov 2013 | 20 Nov 2013 | 10 |
| Narcisse Arido | 10 Nov 2013 | 20 Nov 2013 | 10 |
| Edmond Beina | 30 Oct 2018 | 07 Dec 2018 | 38 |
| Maxime Jeoffroy Eli Mokom Gawaka | 30 Oct 2018 | 10 Dec 2018 | 41 |
| Alfred Yekatom | 30 Oct 2018 | 11 Nov 2018 | 12 |
| Patrice-Edouard Ngaïssona | 30 Oct 2018 | 07 Dec 2018 | 38 |
| Mahamat Nouradine Adam | 30 Oct 2018 | 07 Jan 2019 | 69 |
| Mahamat Said Abdel Kani | 30 Oct 2018 | 07 Jan 2019 | 69 |
| Mohamed Hussein Ali | 15 Dec 2010 | 08 Mar 2011 | 83 |
| Walter Osapiri Barasa | 18 Jul 2013 | 02 Aug 2013 | 15 |
| Philip Kipkoech Bett | 09 Feb 2015 | 10 Mar 2015 | 29 |
| Paul Gicheru | 09 Feb 2015 | 10 Mar 2015 | 29 |
| Uhuru Muigai Kenyatta | 15 Dec 2010 | 08 Mar 2011 | 83 |
| Francis Kirimi Muthaura | 15 Dec 2010 | 08 Mar 2011 | 83 |
| Henry Kiprono Kosgey | 16 Feb 2011 | 08 Mar 2011 | 20 |
| William Samoei Ruto | 15 Dec 2010 | 08 Mar 2011 | 83 |
| Joshua Arap Sang | 15 Dec 2010 | 08 Mar 2011 | 83 |
| Muammar Mohammed Abu Minyar Gaddafi | 16 Apr 2011 | 27 Jun 2011 | 72 |
| Saif Al-Islam Gaddafi | 16 Apr 2011 | 27 Jun 2011 | 72 |
| Abdullah Al-Senussi | 16 Apr 2011 | 27 Jun 2011 | 72 |
| Al-Tuhamy Mohamed Khaled | 27 Mar 2013 | 18 Apr 2013 | 22 |
| Mahmoud Mustafa Busayf Al-Werfalli (I) | 01 Aug 2017 | 15 Aug 2017 | 14 |
| Mahmoud Mustafa Busayf Al-Werfalli (II) | 01 Apr 2018 | 04 Jul 2018 | 94 |
| Abdurahem Khalefa Abdurahem Elshgagi | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Makhlouf Makhlouf Arhoumah Doumah | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Nasser Muhammad Muftah Daou | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Mohamed Mohamed Al Salheen Salmi | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Abdelbari Ayyad Ramadan Al Shaqaqi | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Fathi Faraj Mohamed Salim Al Zinkal | 08 Nov 2022 | 06 Apr 2023 | 149 |
| Osama Elmasry Njeem | 02 Oct 2024 | 18 Jan 2025 | 108 |
| Khaled Mohamed Ali El Hishri | 03 Apr 2025 | 10 Jul 2025 | 98 |
| Saif Suleiman Sneidel | 27 May 2020 | 10 Nov 2020 | 167 |
| Laurent Gbagbo | 25 Oct 2011 | 23 Nov 2011 | 29 |
| Charles Blé Goudé | 12 Dec 2011 | 21 Dec 2011 | 9 |
| Simone Gbagbo | 07 Feb 2012 | 29 Feb 2012 | 22 |
| Ahmad Al Faqi Al Mahdi | 07 Sep 2015 | 18 Sep 2015 | 11 |
| Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud | 20 Mar 2018 | 27 Mar 2018 | 7 |
| Iyad Ag Ghaly | 26 May 2017 | 18 Jul 2017 | 53 |
| Gamlet Guchmazov | 10 Mar 2022 | 24 Jun 2022 | 106 |
| Mikhail Mayramovich Mindzaev | 10 Mar 2022 | 24 Jun 2022 | 106 |
| David Georgiyevich Sanakoev | 10 Mar 2022 | 24 Jun 2022 | 106 |
| Rodrigo Roa Duterte | 10 Feb 2025 | 07 Mar 2025 | 25 |
| Ronald Marapon Dela Rosa | 03 Nov 2025 | 06 Nov 2025 | 3 |
| Benjamin Netanyahu | 20 May 2024 | 21 Nov 2024 | 185 |
| Yoav Gallant | 20 May 2024 | 21 Nov 2024 | 185 |
| Mohammed Diab Ibrahim Al-Masri | 20 May 2024 | 21 Nov 2024 | 185 |
| Haibatullah Akhundzada | 23 Jan 2025 | 08 Jul 2025 | 166 |
| Abdul Hakim Haqqani | 23 Jan 2025 | 08 Jul 2025 | 166 |
| Vladimir Vladimirovich Putin | 22 Feb 2023 | 17 Mar 2023 | 23 |
| Maria Alekseyevna Lvova-Belova | 02 Feb 2024 | 05 Mar 2024 | 32 |
| Sergei Ivanovich Kobylash | 02 Feb 2024 | 05 Mar 2024 | 32 |
| Nikolayevich Sokolov | 02 Feb 2024 | 05 Mar 2024 | 32 |
| Sergei Kuzhugetovich Shoigu | 02 Feb 2024 | 24 Jun 2024 | 143 |
| Valery Vasilyevich Gerasimov | 02 Feb 2024 | 24 Jun 2024 | 143 |
Source: ICC public records.
Conclusion
The number of days that the PTC has taken to examine and decide on requests for the issuance of arrest warrants or summonses to appear has been entirely unpredictable. Although the average stands at 78 days, significant deviations have occurred throughout the history of the Court, with some arrest warrants being issued just a few days after the application and others only after several months. It is not possible to draw conclusions based solely on the timespan, since each case is likely entirely different. The amount of evidentiary material that the judges must review, as well as possible procedural interruptions, are factors that can influence this process, but what goes on behind the scenes is something on which very little public information is available.
