Abstract

http://ssrn.com/abstract=1438705
 


 



Concurrent Jurisdiction at the ICTR: Should the Tribunal Refer Cases to Rwanda?


Charles Chernor Jalloh


Assistant Professor and Buchanan, Ingersoll and Rooney Faculty Scholar, University of Pittsburgh School of Law and Visiting Associate Professor, FIU College of Law

Alhagi Marong


United Nations International Criminal Tribunal for Rwanda

David M. Kinnecome


Chambers Support Section, UN-ICTR

2007

HUMAN RIGHTS TO INTERNATIONAL CRIMINAL LAW: STUDIES IN HONOUR OF AN AFRICAN JURIST: JUDGE LAITY KAMA, Emmanuel Decaux, ed., pp. 159-201, Martinus Nijhoff Brill, 2007
University of Pittsburgh Legal Studies Research Paper Series

Abstract:     
With mounting political pressure from the international community for the International Criminal Tribunal for Rwanda (ICTR) to wrap up all trials by 2010, in line with its Completion Strategy, this article offers an early look at the power of the ICTR Prosecutor to transfer or refer part of his caseload to national courts and the legal, political and practical limitations on the exercise of that authority. The paper briefly examines the history of the ICTR, the concurrent jurisdiction of the ICTR, the express power of referral and the practice relating to concurrent jurisdiction between international and national courts over international crimes in the jurisprudence of the International Criminal Tribunal of the former Yugoslavia. The article also investigates the legal and policy issues the ICTR currently faces in seeking to transfer cases to Rwandan courts and their ramifications. Based on the jurisprudence, the authors argue that the Prosecutor should not transfer cases to Rwanda or other national courts unless those courts can ensure the transferred suspects or accused can be charged with international crimes in fair trials in which they will not receive the death penalty if convicted.

Number of Pages in PDF File: 43

Keywords: International Criminal Tribunal for Rwanda, ICTR, Completion Strategy, jurisdiction, concurrent jurisdiction, Rule 11 bis, transfers, national courts, Rwandan courts and domestic prosecutions, ICTR Prosecutor, power of transfer, fair trial in Rwandan courts

Accepted Paper Series


Download This Paper

Date posted: July 25, 2009 ; Last revised: August 1, 2009

Suggested Citation

Jalloh, Charles Chernor and Marong, Alhagi and Kinnecome, David M., Concurrent Jurisdiction at the ICTR: Should the Tribunal Refer Cases to Rwanda? (2007). HUMAN RIGHTS TO INTERNATIONAL CRIMINAL LAW: STUDIES IN HONOUR OF AN AFRICAN JURIST: JUDGE LAITY KAMA, Emmanuel Decaux, ed., pp. 159-201, Martinus Nijhoff Brill, 2007; University of Pittsburgh Legal Studies Research Paper Series. Available at SSRN: http://ssrn.com/abstract=1438705

Contact Information

Charles Chernor Jalloh (Contact Author)
Assistant Professor and Buchanan, Ingersoll and Rooney Faculty Scholar, University of Pittsburgh School of Law and Visiting Associate Professor, FIU College of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1490 (Phone)

Alhagi Marong
United Nations International Criminal Tribunal for Rwanda ( email )
Chambers Support Section
P.o.Box 6016
Arusha
Tanzania
David M. Kinnecome
Chambers Support Section, UN-ICTR ( email )
New York, NY 10017
United States
Feedback to SSRN


Paper statistics
Abstract Views: 688
Downloads: 170
Download Rank: 98,344

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.563 seconds