The International Criminal Court currently does not extend the protections of Rome Statute article 59(2) to domestic arrests and detentions. This leaves a legal vacuum in which human rights violations are acknowledged but not acted upon. To remedy this, the Court should change its interpretation of article 59(2) to extend its scope to domestic arrests and detentions. This interpretation is supported by the text of the article and also aligns with the object and purpose of the Rome Statute, which is to guarantee respect for and enforcement of inter-national justice. Extending this article would also bring the Court into compliance with article 21(3), mandating respect of human rights, and article 55, which protects detainees during investigation. While it is uncertain when the next 59(2) issue will come before the ICC, it is critical that when it does the Court changes its jurisprudence. Extending article 59(2) to domestic arrests and detentions will add legitimacy to the Court, bolster State compliance with international law, and most importantly fully protect the rights of detainees.

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