State cooperation and transfers

Authored by: Kimberly Prost

Routledge Handbook of International Criminal Law

Print publication date:  November  2010
Online publication date:  November  2010

Print ISBN: 9780415552035
eBook ISBN: 9780203836897
Adobe ISBN: 9781136866685


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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.

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