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Volume II, s.7 International Cooperation and Judicial Assistance, 39 General Problems

Bert Swart

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

Regional co-operation — Judicial assistance — Defences
Like the ad hoc Tribunals for the former Yugoslavia and Rwanda created by the Security Council of the United Nations, the International Criminal Court has not been endowed by its Statute with an apparatus enabling it to implement its decisions on the territory of States. It cannot itself arrest persons on their territory and transfer them to the seat of the Court. Nor is it in a position to perform searches and seizures on their territory if individual persons refuse to cooperate, or to compel reluctant witnesses to appear before the Court. In these and other...
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