I. Co-operation with the International Criminal Tribunal for Yugoslavia

International and Comparative Law Quarterly

Volumn 45, Issue 4, 1996, Pages 947-954

  Warbrick, Colin ^a   Mcgoldrick, Dominic ^a  

^a DURHAM UNIVERSITY   (United Kingdom)

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EID: 85022766191     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1017/S0020589300059790     Document Type: Article

References (23)

1. An Application for the Deferral by the Federal Republic of Germany in the Matter of Dusko Tadic also known by the names Dusan “Dule” Tadic, in International Tribunal … Yearbook 1994, p.39.
2. See Annual Report of the International Tribunal… (1994), paras.162–172
3. in idem, pp. 122–124.
4. See International Tribunal … Yearbook 1994, pp.155–189 for the texts of national legislation and pp.190–193 for the Agreement between the Tribunal and the US (not yet in force)
5. also International War Crimes Tribunals Act, No.18 of 1995 (Australia)
6. International War Crimes Tribunal Act, No.27 of 1995 (New Zealand)
7. Loi No.95–1,2 Jan. 1995, (1995) Rec. Dalloz Sirey (Legislation), pp.56–57 (France). I am most grateful to Chanaka Wickremasinghe for obtaining the texts of the legislation.
8. Blaskic, Decision on the Motion of the Defence filed pursuant to Rule 64 …. Case No.IT-95–14-T, para.8.
9. According to a newspaper report, the acting President of Republika Srpska. Mrs Plavsic, said that it was contrary to its laws to hand over suspects to the Tribunal: Guardian, 3 July 1996, p.11.
10. See Guidelines, Guardian, Art.6: “The [national court], after verifying that the requisite formal conditions are fulfilled, shall approve the transfer of an arrested accused to the custody of the … Tribunal without resort to extradition proceedings.”
11. But cf. Draft Agreement between the US and the Tribunal, Guardian, Art.2(3): “A request for surrender of a person who is sought for prosecution shall also be supported by… information sufficient to establish there is a reasonable basis to believe that the person sought has committed the violation or violations for which surrender is requested.”
12. General Tihomir Blaskic, a Croatian, surrendered voluntarily to the Tribunal on 1 Apr. 1996. In the absence of Croatian legislation authorising co-operation with the Tribunal, it seems that the Croatian authorities had no power to transfer a Croatian national out of their jurisdiction. See, submission of Defence Counsel in Blaskic, Decision on the Motion of the Defence filed pursuant to Rule 64. …Guardian, para.3.
13. Several provisions of the Order have to be extended or modified to apply to Scotland. This note is restricted to the provisions which apply in England and Wales. Cases from Northern Ireland will be dealt with at Bow Street, as they are in extradition: Memorandum, Guardian, at para.5.
14. Idem, Art.23.
15. Idem, Art.6. The delivery order will be modified if the person has been convicted and sentenced by the Tribunal, when he will be returned to the State where the Tribunal has ordered that he be imprisoned.
16. Idem, Art.14.
17. Idem. Art.6(5).
18. Idem, Art.6(7).
19. Krsmanovic, Order of Transfer to the Requested State, Case No.IT-96–19 Misc.1.
20. Idem, Art.7(3).
21. Idem, Art.11.
22. Extradition Act 1989, s.12.
23. United Nations (International Tribunal) (Rwanda) Order, S.I. 1996 No.1296.