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Cooperation with the court on matters of arrest and surrender of indicted fugitives: Lessons from the Ad Hoc Tribunals and national jurisdictions

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Chapter Summary

This chapter discusses the experience of the ICTY, ICTR and SCSL in the area of arrest and surrender of suspects and accused persons. It examines the relevant provisions of the tribunals Statutes and Rules and discusses documented instances of alleged non-compliance with these provisions. It focuses on illegal arrest and surrender as well as abductions abroad. In doing so the chapter compares the jurisprudence of the tribunals with that of national courts germane. It highlights the lessons that the International Criminal Court (ICC) might derive from the tribunals experience as it endeavours to carry out its mandate under the Rome Statute. The law in many countries authorizes law enforcement agents and even private persons to arrest suspected criminals without warrant under certain circumstances. When the Tribunal, acting on the request of the Prosecutor, orders that the prisoner be transferred to the Tribunal, then the national authorities must promptly do so.

Keywords: ICTR; ICTY; illegal arrest; International Criminal Court (ICC); Rome Statute; SCSL; surrender



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