@izzythepush,
I'm not referencing the ICTY?
The ICC issued a warent for Gaddafi's arrest.
http://www.bbc.co.uk/news/world-africa-13927208
Or are you saying about the ICC's inability to enforce the death penalty? Because yes, you are right, they themselves are not able to (i wasn't able to edit my comment)... though it is hypothetically possible for the extradition of an ICC prisoner to result in death (i'm aware of the bars of extradition relating to capital punishment), as cover ups in governments, especially in under developed countries, are all to common in this day and age.