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Ch.VII The Cooperation Regime

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 September 2021

Appeals — Pre-Trial Chamber — Sentencing

This chapter examines the cooperation rules between international criminal tribunals and the national jurisdictions. As with the inter-State regime of horizontal cooperation (mutual assistance), the cooperation with international criminal tribunals encompasses three areas: arrest and surrender of persons, other legal assistance, and execution of sentences and other decisions. There is a factual connection insofar as both arrest/surrender/other legal assistance and execution of sentences/other decisions concern the cooperation between States and the tribunals. The tribunals require the cooperation of States both in the investigation and adjudication phase as well as in the enforcement phase. As to the structure of cooperation, however, the cooperation in the area of enforcement seems less ‘vertical’ than the surrender of persons and the other legal assistance.

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