The Surrender Agreements between the Us and the Icty and Ictr: A Critical View

Abstract

This paper discusses the agreements between the United States and the ICTY and the ICTR on surrender of persons. The US is the only State to have concluded such agreements, rather than having simply enacted domestic legislation. In general, and in light of the supranational character of the Tribunals, a distinction should be drawn between the horizontal framework of inter-State legal assistance and the vertical framework of assistance to the ICTY and the ICTR. Additionally, the agreements' clause requiring probable cause may unduly obstruct assistance.

Keywords: International criminal law, ICTY, ICTR, United Nations, United States, surrender, extradition

JEL Classification: K33