Chapter

Arrest and Detention

Cedric Ryngaert

in International Prosecutors

Published in print May 2012 | ISBN: 9780199554294
Published online September 2012 | e-ISBN: 9780191751691 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199554294.003.0012
Arrest and Detention

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This chapter discusses the problem of securing arrest and detention. As international prosecutors know all too well, it is one thing to issue an indictment (and warrant of arrest) but another to get custody of an accused because international tribunals typically do not have arrest powers of their own. When it comes to arrest, the prosecutor ought to be a clever political operator rather than a stellar lawyer. The most he can do himself is to inform the international community about the presence of an accused in a particular state and request arrest and surrender from that state. Compliance is essentially tied to states' political willingness and international political pressure.

Keywords: international prosecutors; indictments; accused; arrest powers; political pressure

Chapter.  29453 words. 

Subjects: Public International Law

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