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The Surrender of Ntakirutimana Revisited

Published online by Cambridge University Press:  03 March 2004

Göran Sluiter
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Abstract

The surrender of Elizaphan Ntakirutimana, suspected of having committed genocide, to the Rwanda Tribunal has again been the object of litigation in the US. After his surrender had initially been denied, the Court of Appeals for the Fifth Circuit has certified his surrender. This decision raised certain questions. On the one hand, it is fortunate that Ntakirutimana will stand trial before the Rwanda Tribunal. However, the assistance of the US with respect to future surrender of war criminals indicted by the Tribunals for the former Yugoslavia and Rwanda is by no means certain yet. A concurring and dissenting opinion attached to the decision illustrate that US Judges are still not overly convinced of the constitutionality of the US method of implementing the obligations arising out of the creation of these ad hoc Tribunals.

Keywords

extradition lawInternational Criminal Tribunal for the former YugoslaviaInternational Criminal Tribunal for Rwandaobligation to cooperateUnited States
Type
CURRENT LEGAL DEVELOPMENTS
Information
Leiden Journal of International Law , Volume 13 , Issue 2 , June 2000 , pp. 459 - 466
Copyright
© 2000 Kluwer Law International

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