The international criminal court has been unable to prosecute al-bashir for war crimes because it cannot launch a search for him inside sudan. arrest him due to the court’s limited authority. issue an arrest warrant until sudan gives it permission. step in until the un security council refers the case to the court.

The International Criminal Court has been unable to prosecute al-Bashir because he is currently the seventh President of Sudan. He is the first sitting president to be indicted for war crimes by the ICC. The first warrant was issued in March 2009. The second warrant was issued in 2010. The Sudanese government did not recognize the warrant or the ICC. The decision of the court is opposed by the African Union, League of Arab States and the governments of Russia and China. The court has no power to arrest anyone. It has to rely on State parties to implement arrests.