Breaching international law to ensure its enforcement: the reliance by the ICTY on illegal capture

Sloan, J. (2003) Breaching international law to ensure its enforcement: the reliance by the ICTY on illegal capture. Yearbook of International Humanitarian Law, 6, pp. 319-344. (doi: 10.1017/S1389135900001367)

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n an address to the United Nations General Assembly on 7 November 1995, Antonio Cassese, then President of the International Criminal Tribunal for the former Yugoslavia (ICTY), highlighted the difficulty of enforcing international criminal justice in the absence of state cooperation. To emphasise his point, Cassese offered an apt — if somewhat inelegant — analogy: he likened the Tribunal to a limbless giant, dependent on the ‘artificial limbs’ of the enforcement agencies of UN Member States. First among the various areas cited by Cassese where the Tribunal depended upon state cooperation was the arrest of suspected criminals living within the borders of those states. Over nine years later the problem remained acute. In a 23 November 2004 address to the Security Council, the Prosecutor of the ICTY, Carla Del Ponte, highlighted failures on the part of the governments of Croatia, Serbia and Montenegro and Bosnia and Herzegovina to arrest indictees and turn them over to the Tribunal. In particular, she mentioned the lack of cooperation by Belgrade as ‘the single most important obstacle faced by the Tribunal’ in the implementation of its strategy to complete its trials by the end of 2008.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Sloan, Professor James
Authors: Sloan, J.
College/School:College of Social Sciences > School of Law
Journal Name:Yearbook of International Humanitarian Law
Publisher:Cambridge University Press
ISSN (Online):1574-096X
Published Online:17 February 2009
Copyright Holders:Copyright © 2003 T.M.C. Asser Instituut and the Author
First Published:First published in Yearbook of International Humanitarian Law 6:319-344
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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