The execution of ICC arrest warrants and requests for surrender under Swiss law

This article explores the execution of arrest warrants and requests for surrender under Swiss law, focusing on the Federal Act on Cooperation with the International Criminal Court (ICCA). It examines Switzerland’s legal framework for cooperating with the ICC, highlighting the distinct legislative approach taken in adapting Swiss law to comply with the Rome Statute. The article outlines procedural aspects, including the central role conferred upon the Federal Office of Justice, the handling of requests for surrender, and challenges to the jurisdiction of the ICC or the admissibility of a case. It addresses potential legal hurdles, particularly the risk of politicization in decisions involving jurisdictional immunities and the Swiss Federal Council’s powers under Article 185 of the Federal Constitution. Despite a legal framework that considerably limits the discretion of Swiss authorities in this context, concerns remain about the potential influence of political considerations, particularly in cases involving high political stakes. The article concludes that while Switzerland is generally well equipped to cooperate with the ICC, the possibility of political interference—especially in cases involving jurisdictional immunities or the invocation of concerns for national security—could pose risks to the integrity of the process.