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State Cooperation with the International Criminal Tribunal for Rwanda

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This contribution discusses the mismatch between States’ duties to cooperate with the International Criminal Tribunal for Rwanda (ICTR) and the reality of State non-cooperation. It focuses on two issues of cooperation which have been particularly important to the Tribunal: the arrest of fugitives by States, and the referral of cases to national jurisdictions under the Tribunal’s completion strategy. The articles demonstrates how Rwanda has used cooperation - which it knows is indispensable for the Tribunal’s functioning - as a bargaining chip to obtain certain concessions from the Tribunal, but argues that also the ICTR itself and the international community should receive a portion of the blame for State non-cooperation.

Affiliations: 1: Associate Professor of International Law, Leuven University; Leuven, Belgium, Utrecht University, Utrecht, The Netherlands


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