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State Cooperation and Its Challenges for the International Criminal

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Chapter Summary

This chapter discusses a critical debate regarding the current rules and jurisprudence addressing State cooperation. If the International Criminal Tribunal for Rwanda (ICTR) is to concurrently insist on State cooperation and maintain its independence, it must re-imagine how it may more effectively enlist States to assist it in its goals. To demonstrate this point, the chapter presents a survey of the legal regime establishing the duties of States before proceeding to analyze the jurisprudence and the challenges State cooperation presents for the ICTR. The chapter specifically focuses on the principle of equality of arms, as well as the credibility of the Tribunal as an impartial institution. By situating the debate in this context, the chapter engages a dialogical process that highlights the genuine need to advance the current regime governing State cooperation.

Keywords: International Criminal Tribunal for Rwanda (ICTR); legal regime; State cooperation



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