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Models of Judicial Cooperation with Ad Hoc Tribunals and with the Permanent International Criminal Court in Europe

  • Michele Caianiello
Chapter

Abstract

This contribution deals with the legal problems (and dilemmas) arising in the field of judicial cooperation between States and international criminal justice systems (especially the ad hoc Tribunals and the International Criminal Court). Fundamental rights are easily in danger when judicial cooperation in criminal matters is involved, regardless of the model of cooperation adopted.

The problem of fundamental rights violation is especially evident at international level. It can be summarized as follows. On the one side, any international justice system needs the active help from States and international organizations in order to effectively enforce its own criminal system. On the other side, States and international institutions, whose cooperation is crucial, are out of control of the issuing jurisdiction. In short, the nub of the problem is to decide what value must prevail, in case of conflict between the need of cooperation and the need to grant a fair trial. Accepting the “fruit of the poisonous tree” could put the international institutions at the risk of being perceived as co-responsible of grave violations. However, excluding the product of cooperation on the basis of fundamental rights’ violation might lead to an ineffective international criminal system.

The practice shows how often judges are reluctant to relinquish their main objective—that is, bringing the persons responsible of grave international crimes to justice—solely because some breaches of relevant procedural safeguards have occurred during the cooperation phase. In any criminal justice system, as was once asserted, respecting the rules governing hunting is more important than the actual capture of the prey itself. However, when the pray is on the verge to escape, a faithful observance of such an approach often turns out to be impossible.

Keywords

International Institution Security Council Mutual Recognition Rome Statute Trial Chamber 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Abbreviations

EU FRCh

Charter of Fundamental Rights of the European Union

FD EAW

Framework Decision on the European Arrest Warrant

FD EEW

Framework Decision on the European Evidence Warrant

ICC

International Criminal Court

ICTR

International Criminal Tribunal for Rwanda

ICTY

International Criminal Tribunal for the Former Yugoslavia

TEU

Treaty on the European Union

USSC

United States Supreme Court

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Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Department of Legal Sciences “A. Cicu”University of BolognaBolognaItaly

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