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Case Analysis: To Cooperate or not to Cooperate?: The Case of the Failed Transfer of Ntakirutimana to the Rwanda Tribunal

Published online by Cambridge University Press:  02 March 2004

Göran Sluiter
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Abstract

The relationship between national jurisdictions and the international criminal tribunals for the former Yugoslavia and Rwanda raises many problems. One of them concerns the surrender of indicted war criminals from national jurisdictions to the Ad Hoc Tribunals. Several obstacles stand in the way of effective surrender to the Ad Hoc Tribunals. This contribution focuses on the legal obstacles that may be encountered in this respect. By means of the case of the failed surrender of Ntakirutimana from the United States to the Rwanda Tribunal, it will be demonstrated that legal assistance to the Ad Hoc Tribunals is of a fundamental different nature than legal assistance offered to foreign tribunals.

Keywords

extradition lawInternational Criminal Tribunal for the former YugoslaviaInternational Criminal Tribunal for Rwandaobligation to cooperateUnited States
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 11 , Issue 2 , June 1998 , pp. 383 - 395
Copyright
© 1998 Kluwer Law International

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