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The “Indirect Enforcement System:” Modalities of International Cooperation in Penal Matters

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Chapter Summary

The "indirect enforcement system" is the term applicable to the enforcement of international criminal law (ICL) through national legal systems. It is founded on two aspects. The first aspect is the assumption that states will incorporate in their national laws the obligations arising under ICL. The second aspect derives from the first, and that is for states to use their internal legal processes not only to enforce their treaty obligations domestically, but also enforce their treaty obligations to cooperate internationally. The term "inter-state cooperation in penal matters" applies to the modalities relied upon by states in their bilateral relations to enforce their respective criminal norms. The maxim aut dedere aut judicare is the cornerstone of ICL's "indirect enforcement system." The systemic problems of international cooperation derive in part from the insistence by many governments on bilateralism over multilateralism.

Keywords:indirect enforcement system; inter-state cooperation; international criminal law (ICL); penal matters

10.1163/9789004231696_006
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