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Concurrent Jurisdiction at the ICTR: Should the Tribunal Refer Cases to Rwanda?

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Chapter Summary

This chapter explores the power of the International Criminal Tribunal for Rwanda (ICTR) to transfer or refer cases to national authorities, and the legal, political, and practical limitations on the exercise of that authority. It briefly describes the founding of the ICTR, the concurrent jurisdiction of the Tribunal, and the express power of referral. The chapter examines concurrent jurisdiction generally, with specific attention paid to concurrent jurisdiction between international and national courts over international crimes. It explores the authority to transfer generally and the two-track transfer process contemplated under the Completion Strategy. The chapter examines the legal and policy issues the ICTR faces in seeking to transfer cases to Rwandan national courts as well as other national courts.

Keywords: ICTR Completion Strategy; ICTR's statutory concurrent jurisdiction; International Criminal Tribunal for Rwanda (ICTR); Rwandan national courts



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