Abstract

The unique nature of international criminal tribunals and courts is perhaps no better illustrated than in the context of state cooperation and transfer. Whether the adjudicative body is established by the Security Council, created by resolution or agreement or constituted through a negotiated instrument, all face the same distinct reality. To gather evidence, obtain witnesses, arrest suspects and bring those suspects before them, these bodies depend on the cooperation of states. This reality has important consequences for the legal systems adopted by the various tribunals and courts and perhaps even more significantly, the effectiveness or lack thereof of the cooperation regimes, is pivotal to their success or failure on a practical level.