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Binding Orders and Subpoenas

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Chapter Summary

The ad hoc Tribunals are empowered to issue binding orders and requests to States, which are obliged to comply with them. It has been emphasised that ?the spirit and purpose of the Statute confer on the International Tribunal an incidental or ancillary jurisdiction over individuals other than those whom the International Tribunal may prosecute and try. Pursuant to the Statutes of the International Tribunals, States have the obligation to cooperate with the Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law and to comply without undue delay with requests for assistance or orders issued by the Trial Chamber. It was emphasised that subpoenas should not be issued lightly, for they involve the use of coercive powers and may lead to the imposition of a criminal sanction.

Keywords: ad hoc Tribunals; binding orders; international humanitarian law; International Tribunal; prosecution; subpoenas; Trial Chamber



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