I am commenting on this thread a bit late, but I want to add a bit of clarification as to what our obligations are in respect to INTERPOL, and specifically a 611 Red Notice.
A Red Notice, or an international alert for a wanted person, is not an international arrest warrant. It is one of the ways in which Interpol informs its 187 member countries that an arrest warrant has been issued for an individual by a national judicial authority. It is flagged red for the most serious fugitives. It is specifically not used for political "crimes" but it most certainly can be used for war crimes.
From the U.S. Department of Justice guidance -
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00611.htm
611 Interpol Red Notices
An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol (the International Criminal Police Organization) circulates notices to member countries listing persons who are wanted for extradition. The names of persons listed in the notices are placed on lookout lists (e.g., NCIC or its foreign counterpart). When a person whose name is listed comes to the attention of the police abroad, the country that sought the listing is notified through Interpol and can request either his provisional arrest (if there is urgency) or can file a formal request for extradition.
Please be aware that if a Red Notice is issued, the prosecutor's office is obligated to do whatever work is required to produce the necessary extradition documents within the time limits prescribed by the controlling extradition treaty whenever and wherever the fugitive is arrested. Further, the prosecutor's office is obliged to pay the expenses pursuant to the controlling treaty. Those expenses, which can be quite high, will typically include the costs of translating the extradition documents and may include the costs of hiring local counsel to represent the United States. Further, these obligations, which remain until the fugitive is arrested or the Red Notice is withdrawn, may result in prosecutors who have succeeded the Assistant United States Attorney who originally requested the Red Notice having to prepare the documents and arrange for payment of hefty fees years after the fugitive originally fled from the United States. Therefore, it is important for prosecutors to make certain that the case is significant enough to warrant placing their offices under such a burden in deciding whether or not to request issuance of a Red Notice.
Now, I am not an international criminal lawyer, but it would seem that with the reciprocity usually required by international treaty obligations that named U.S. persons wanted in foreign jurisdictions for criminal activity can certainly be provisionally arrested (if there is urgency) pending the filing a formal request for extradition.
As can heads of state.
On March 5, 2009, Sudanese President Omar Bashir became the first head of state under an international arrest warrant on charges of war crimes. The International Criminal Court, in a 2-1 decision, issued the arrest warrant for Bashir on charges of war crimes and crimes against humanity in connection with the civil war in Sudan's Darfour province.
A number of foreign courts, ie Italy and Spain, have issued warrants for unnamed, or named by alias, CIA officers. Others have conducted trials in absentia of such officers with sentences rendered, service of which will commence upon capture.
Attorney General Holder has been tasked by President Obama to conduct an open investigation of the methods used to interrogate suspected terrorists after 9/11. How high up the food chain he wants to go is up to him (and Obama, though Obama publically washes his hands of this and thus makes Holder a very nervous AG when specifically questioned about this.)
If Holder finds criminal liability, he can choose to prosecute. Or he can determine there is sufficient information to allow an extradition hearing to occur should the party in question be identified by an INTERPOL 611 Red Notice issued by a signatory state or other mechanism. The extradition hearing will then be the mechanism that determines if someone is sent packing in chains or not.
With the exception of the International Criminal Court, international law has no enforcement mechanism other than the right of national courts to prosecute those in their custody for atrocities committed abroad. The torture convention of 1984, ratified by 124 governments, requires states to prosecute suspected torturers for alleged crimes committed outside their jurisdiction, or to extradite them. The Geneva conventions of 1949, ratified by 189 countries, require each participating state to search for persons who have committed grave breaches, and to bring them before its own courts.
Obama and Holder can certainly respond to criminal extradition requests, say for Bush, Cheney, Rumsfeld, Powell, et al.
I doubt they will, even if only because once that happens they themselves and future national leaders become subject to such risks. Not to mention that it would mean a complete abandonment of national sovereignty. Which is another topic altogether.