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United Nations Member States' Obligations Towards the ICTY: Arresting and Transferring Lukic, Gotovina, and Zelenovic

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image of International Criminal Law Review

Full and expedient cooperation of UN member States in the arrest and transfer of war criminals constitutes a key factor in addressing war crimes and providing redress to the victims. Through the analysis of three recent cases of arrests and transfers to the International Criminal Tribunal for the former Yugoslavia, the authors show the legal difficulties and political considerations that some States face when implementing their international obligations to arrest and transfer. The three cases analyzed demonstrate that the arrest and transfer of war criminals is more likely to take place when State authorities are truly committed to cooperate, and act on that commitment by adopting specific domestic legislation to make the process of arresting and transferring smooth and transparent.

Affiliations: 1: Professor, Department of Public International Law, Faculty of Law, University of Zaragoza, Spain; 2: Former Deputy Head, Office for Legal Aid and Detention Matters, International Criminal Tribunal for the Former Yugoslavia, The Hague, The Netherlands


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