This comment questions some of the key assumptions in the article by Roper and Barria with respect to the ICC's power to bargain with territorial states to attain the apprehension and surrender of indictees. The comment notes that, while factors such as the nature of the referral to the Court, the crimes charged, and whether the conflict is still ongoing are likely relevant to the ICC's bargaining power, the effect of these factors is indeterminate. The comment highlights the regional political dimension of the ICC's bargaining leverage in the Great Lakes region of Africa and suggests that the Court's bargaining power is engaged in a path-dependent three-level bargaining game.