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State Co-operation and International Criminal Court Bargaining Influence in the Arrest and the Surrender of Suspects

Published online by Cambridge University Press:  01 June 2008

Abstract

While much has been written about the formation of the International Criminal Court (ICC), less attention has been focused on the enforcement capability of the Court. As demonstrated by the history of the ad hoc international tribunals, one of the most pressing problems for international criminal courts is the arrest and the surrender of suspects, which often requires substantial bargaining between the court and the state in which the suspect resides. We develop a classification of the issues which have the greatest impact on the bargaining influence of the ICC to secure the arrest of indictees, and apply this classification scheme to a study of the four ongoing situations at the ICC in order to explore the bargaining environment in which the ICC operates. While many of the cases have features which should assist the ICC in bargaining with the state, the situation in Sudan represents the greatest challenge for the Court.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Court
Copyright
Copyright © Foundation of the Leiden Journal of International Law 2008

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References

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2. Of course, the history of the ICTY demonstrates that even Chapter VII authority requires the goodwill and co-operation of UN member states, which was not always forthcoming.

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note 6

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note 6

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note 4

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note 24

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note 8

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note 31

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note 37

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note 33

52. The Sudanese government has been supporting Arab Darfuri against non-Arabs in the region for many years. See Abdelmoula, A., ‘The “Fundamentalist” Agenda for Human Rights: The Sudan and Algeria’, (1996) 18 Arab Studies Quarterly 1Google Scholar.

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56. Sudan has signed but not ratified the Rome Statute.

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58. Interview with Rastan, supra note 28.

note 28

59. There is a parallel that can be drawn between the Sudanese Special Court and the Indonesian Human Rights Court (IHRC). Both courts were established to pre-empt an international process, and both have been criticized for failing to indict high-ranking perpetrators and to pursue significant charges. For more information concerning the IHRC, see Roper and Barria, supra note 18.

note 18

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64. We wish to thank one of the reviewers for making this point.

65. Kaul, supra note 5, at 383.

note 5

66. Danner, supra note 37, at 535.

note 37

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