Transfer or Persons to International Criminal Court and its Problems in International Law
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Abstract
The present article analysis two types of problems with regard to transfer of persons to International Criminal Court (ICC). The first part of the article is dedicated to reveal the main differences between extradition and transfer of person to ICC. The conclusion is made that transfer to ICC differs from extradition in various aspects and some basic rules of non-extradition shall not be applicable to transfer to ICC. The second part of the article analyses USA proposed „Article 98 agreements“ and its validity with regard to legal obligations of the ICC Rome Statute parties and signatories, particularly Lithuania and European Union member states. The conclusion is made that it is too early for Lithuania to consider the conclusion of „Article 98 agreement“ because Lithuania has not ratified Rome Statute yet, however, in the case of conclusion of „Article 98 agreement“ it has to be ratified in order to avoid serious collisions within Lithuanian national law.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
