According to the Society for International Development, “Al-Bashir's supporters are presenting his re-election [in April 2010] as the Sudanese people's response to the ICC’s indictment.” Similarly, the ICC case against Lords Resistance Army rebel leader Joseph Kony and his top command in October 2005 are frought with complications.
In both cases there is a general concern that the ICC is not actually able to follow through with arrest warrents, thereby not only diminishing its power to fight impunity, but giving al-Bashir and Kony the ability to get as violent as they so please since the ultimate legal warning has been issued, but no actual steps may be possible. In these cases, the ICC is in fact throwing fuel on an already raging fire.
Implications from Institute for the Future:
The ICC is facing a crisis of legitimacy as its inability to follow through with threats is becoming obvious and some actions it takes are perhaps causing more harm than good.
Society for International Development, April 2010, pg. 6