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Paulussen, Christophe --- "Arrest and transfer" [2016] ELECD 1519; in de Brouwer, Anne-Marie; Smeulers, Alette (eds), "The Elgar Companion to the International Criminal Tribunal for Rwanda" (Edward Elgar Publishing, 2016) 265

Book Title: The Elgar Companion to the International Criminal Tribunal for Rwanda

Editor(s): de Brouwer, Anne-Marie; Smeulers, Alette

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784711696

Section: Chapter 9

Section Title: Arrest and transfer

Author(s): Paulussen, Christophe

Number of pages: 25

Abstract/Description:

In this chapter, the topic of arrest and transfer in the context of the International Criminal Tribunal for Rwanda (ICTR or Tribunal) will be addressed. It goes without saying that this is a crucial subject; the ICTR Statute and Rules of Procedure and Evidence (RPE) can have the most detailed provisions on, for example, the exact scope of a certain crime against humanity or the theory of individual criminal responsibility, but these provisions will only become truly relevant if a person is arrested and transferred to the Tribunal. This is because the ICTR, in contrast to the Special Tribunal for Lebanon (STL), does not recognize trials in absentia (in the absence of the accused), meaning that unless a person is arrested and transferred to the Tribunal, a proper trial will not take place. And if such a trial does not take place, the above-mentioned provisions can never become truly relevant. In short, if one does not want this to happen, a person needs to be arrested and transferred first. This feature is complicated by the fact that the ICTR does not have its own police force. Using Cassese’s famous metaphor, it is ‘a giant without arms and legs’ who ‘needs artificial limbs to walk and work’, and is thus dependent on others to effectuate the arrest and transfer of the suspect to the Tribunal.