Abstract

This chapter addresses some of the cooperation elements within the law of International Criminal Tribunal for the former Yugoslavia (ICTY)-International Criminal Tribunal for Rwanda (ICTR) and International Criminal Court (ICC) and questions related to the process of surrendering to International Criminal Tribunals (ICTs). This decision was apparently based on the mandate of the European Community Monitoring Mission (ECMM). Within the ICTY-ICTR system, state cooperation is obligatory due to the origin of these tribunals, namely a Security Council (SC) Resolution based on Chapter VII of the UN Charter. This system therefore may not be as effective as that of the ICTY-ICTR, as no sanctions can be imposed on non-State parties who undermine the International Criminal Court (ICC) cooperation system. Soldiers of states are bound by the core principles of the four Geneva Conventions or directly by these Conventions themselves.Keywords: European Community Monitoring Mission (ECMM); Geneva Conventions; ICTY; International Criminal Court (ICC); International Criminal Tribunal for Rwanda (ICTR); International Criminal Tribunals (ICTs); state cooperation

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