Chapter

The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions

Kimberly Prost

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print May 2011 | ISBN: 9780199573417
Published online September 2011 | e-ISBN: 9780191728822 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199573417.003.0016
The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions

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This chapter explores the relationship between the ICTY and national jurisdictions. It examines the cooperation obligations imposed under Article 29 of the Statute in relation to the gathering of evidence and the surrender of persons, with emphasis on how those have been interpreted in the jurisprudence. It analyses critically the approaches adopted by the Tribunal, in particular in the creation of a subpoena power and the compulsion of documents from states and international organizations. It also looks at the criteria imposed for the taking of evidence via a satellite link and the practical problems which have arisen in that context. Finally, there is a brief consideration of the potential conflicts between the Tribunal and states in the context of the transfer of individuals to national jurisdictions for trial in instances where that person was originally surrendered to the Tribunal by a third state.

Keywords: cooperation obligations; Article 29; subpoena; compulsion of documents; transfer; extradition; video satellite link

Chapter.  18287 words. 

Subjects: Public International Law

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