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The Apprehension Of Indicted War Criminals: Lessons From The Former Yugoslavia

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Chapter Summary

Among the important and challenging duties of peace support operations (PSOs) is securing the arrest, detention and transfer of indicted war criminals during times of armed conflict and occupation. This chapter begins by identifying key aspects of this international law enforcement activity. The arrest, detention, surrender and transfer regime developed at the International Criminal Tribunal for the former Yugoslavia (ICTY) is then set out, and leading judicial decisions are considered. Finally, controversial means that have been used to apprehend indicted war criminals, including deceptive tactics and transnational abduction, will be critically examined. In the background of this discussion are two fundamental questions: (1) How far should peace support operations go to apprehend a person charged with war crimes? (2) How do we reconcile the international community?s interest in bringing indicted war criminals to justice with the rights of the accused and state sovereignty?.

Keywords: armed conflict; ICTY; indicted war criminals; law enforcement; occupation; peace support operations (PSOs); YUGOSLAVIA



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