Jump to ContentJump to Main Navigation
The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
Users without a subscription are not able to see the full content.

Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions

The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions

Chapter:
(p.434) 15 The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Kimberly Prost

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0016

This chapter explores the relationship between the ICTY and national jurisdictions. It examines the cooperation obligations imposed under Article 29 of the Statute in relation to the gathering of evidence and the surrender of persons, with emphasis on how those have been interpreted in the jurisprudence. It analyses critically the approaches adopted by the Tribunal, in particular in the creation of a subpoena power and the compulsion of documents from states and international organizations. It also looks at the criteria imposed for the taking of evidence via a satellite link and the practical problems which have arisen in that context. Finally, there is a brief consideration of the potential conflicts between the Tribunal and states in the context of the transfer of individuals to national jurisdictions for trial in instances where that person was originally surrendered to the Tribunal by a third state.

Keywords:   cooperation obligations, Article 29, subpoena, compulsion of documents, transfer, extradition, video satellite link

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .