The Ivory Coast government in September said it would not surrender Simone Gbagbo, arguing its own justice system is now ready to handle its own cases. The country's justice minister then also revealed the existence of the ICC arrest warrant for Ble Goude.
ICC spokesman Fadi El Abdallah said the warrant obliges Ivory Coast to extradite Ble Goude. He said the court unsealed it Tuesday because judges thought there was no longer any point in keeping it confidential.
Ivory Coast government representatives could not immediately be reached for comment.
Under war crimes law, a country generally has the right and obligation to try war crimes suspects at home. The ICC only has jurisdiction in cases where a country that belongs to the court's founding treaty is unwilling or unable to prosecute a criminal.
However, once a suspect has been identified by the international court, a country has to negotiate with the court over jurisdiction an obligation that is at times ignored. The court is currently enmeshed in a similar dispute over Seif al-Islam Gadhafi, who is being held in Libya despite demands by the ICC he be extradited in order to receive a fair trial.
Ble Goude's international lawyer Nick Kaufman has said he doubts Ble Goude can receive a fair trial in Ivory Coast.
Ble Goude is "a man of peace, and he maintains his innocence on the charges," Kaufman said Tuesday. Kaufman added the Ivorian government has so far not allowed him to visit Ble Goude.
Herve Gouamene, who is defending Ble Goude in Ivory Coast, said he didn't think Ivorian courts or government will surrender Ble Goude.
"We are ready to defend our client in Ivory Coast," he said.
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Associated Press correspondents Marc-Andre Boisvert and Robbie Corey-Boulet contributed to this story from Abidjan and Dakar, Senegal.