State cooperation is of vital importance to the effective functioning of international criminal tribunals.1 Compared to national courts, the ICTY, ICTR and ICC suffer from two major handicaps that can only be compensated—but not fully—by state cooperation. First, they do not have at their disposal law-enforcement officials who could perform various acts of criminal procedure for the benefit of the tribunals. Secondly, even if they did, they would not be empowered to perform (certain) acts within the jurisdiction of a sovereign state. In this contribution the...
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