The jurisdiction of the International Court is based upon treaty obligations, as in the United States' 1979 suit against Iran in its "Case Concerning United States Diplomatic and Consular Staff in Tehran," or by consent. While a congressional resolution directing the U.S. president to secure the presence (consent) of the Syrian president at the International Court would be coercive, it would be far less violent than the unleashing of bombs and cruise missiles on the Syrian people.
Viewed as a matter of policy, the "arrest" of Assad has a valuable double meaning. One is the actual taking into custody or securing his appearance at The Hague; the other is that he is arrested or stopped from performing the dangerous acts he is accused of.
While the use of reasonable force personally directed against Assad to "arrest" him might result in his death, the use of force would not have political assassination as its purpose. To the contrary and much like hostage negotiations by professional police officers, every attempt should be made to negotiate his voluntary surrender. Reasonable rewards and incentives might also be offered for his delivery by members of his own government or military.
In matters such as Libya's Muammar Gadaffi or Iraq's Saddam Hussein, the harm done to the people and societies they governed would have been far less violent under a congressional arrest warrant than the actual war launched upon them by the United States, ostensibly for the same purpose.
Given the fact that societies in nations such as Iraq, Libya or Syria are tribal in nature, the death and injuries suffered by the individual innocent victims of the violent and aggressive wars launched by the United States results in hatred and condemnation from generations to come. To the contrary, however, limited and effective action directed against their native oppressors would rebound with the respect and appreciation of the people, both now and in the future.
President Obama wants to bomb Syria to send a message that the use of chemical weapons against rebel forces is unacceptable. To the contrary, he should send a message to the world that the United States has the wisdom and power to achieve its foreign policy goals in a manner that is consistent with its constitution, legal obligations and the will of its people.