Part A Major Problems of International Criminal Justice, IV International Criminal Trials, Means of Gathering Evidence and Arresting Suspects in Situations of States’ Failure to Cooperate

The creation of international criminal courts and tribunals has not been accompanied by the creation of an ICL enforcement authority such as an international police force. That would be too much for most states to accept. As a result, the ICC and other international courts and tribunals have to operate in a world in which sovereignty retains a large role, and is likely to continue to do so.1 The practice of the existing ad hoc Tribunals shows that state cooperation cannot be taken as a given, and the refusal of states to cooperate has had deleterious effects on...