The Enforcement of Arrest Warrants by International Forces: From the ICTY to the ICC |
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| Authors: | Zhou Han-Ru |
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| Institution: | * LL B (Montréal), LL M (Harvard). I wish to thank Professor Richard J. Goldstone who agreed to supervise this essay. I am also grateful to Professor Philip B. Heymann, Natasha Kim, Keyvan Rastegar and Professor Marie-Ève Sylvestre for their review and comments on previous drafts. |
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| Abstract: | The conflict in the former Yugoslavia set a precedent in modernhistory for having a multinational military force being empoweredand directed to execute arrest warrants issued by an internationalcriminal tribunal. On legal grounds, the International CriminalTribunal for the former Yugoslavia (ICTY) attained this resultby relying on the broad wording of its governing Statute coupledwith the ICTY's own rule-making powers. In contrast, the draftersof the International Criminal Court (ICC) Statute elaboratedon the nature of the cooperation from international forces insignificantly more details but at the same time opted for reducingthe ICC's powers vis-à-vis these forces. Therefore, theICC Statute now runs contrary to the ICTY's case law recognizinga judicial power to order an international force to executean ICTY arrest warrant. This deferential stance towards collectiveenterprises of states not only infringes upon the States Parties’general obligation to cooperate with the ICC, but, in the end,weakens the ICC's ability to enforce international criminaljustice. |
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