ЗАШТИТА ЉУДСКИХ ПРАВА У ПОСТУПКУ ПРЕДАЈЕ МЕЂУНАРОДНОМ КРИВИЧНОМ ТРИБУНАЛУ ЗА БИВШУ ЈУГОСЛАВИЈУ – на примеру Србије и Републике Српске
Human Rights’ Protection in the Proceedings of Surrendering Offenders to the International l Criminla Tribunal for Former Yugoslavia: In cases involving Serbia and Republika Srpska

Summary/Abstract: Extradition is one of the oldest forms of international cooperation and mutual legal assistance in criminal matters. It involves an act of surrendering the accused offender to another state for the purpose of instituting a criminal proceeding or executing the criminal sanction awarded for the crime committed within the jurisdiction of the requesting state. In that way, the extraditing state actually renounces its sovereignty over its citizen and surrenders the individual to the government of another state. Given its legal nature, extradition is a legal relationship which, strictly speaking, implies a contractual relation between two states; yet, the person who is to be extradited is a third participant who has a respective corpus of rights and duties. In theory, extradition is clearly distinguished from surrendering offenders to international tribunals for the purpose of standing trial for criminal offences of international character. Whereas extradition is a bilateral legal relation between two states, the surrender is a legal relation between a state and an international organization which has established the respective international court. In this paper, the authors deal with one of the most significant forms of cooperation with the International Criminal Tribunal for the former Yugoslavia (the Hague Tribunal), and the act of surrendering the required persons to this court. The authors discuss the legal grounds for cooperation with the Hague Tribunal and analyze the relevant provisions of the ICTY Statute and the Rules of Procedure and Evidence. In the second part of the paper, the authors elaborate on the process of surrendering the accused, under the provisions of the Act on the Cooperation of Republika Srpska with the ICTY and the Act on the Cooperation of Serbia with the ICTY. This paper is an attempt to address the question whether there are legal obstacles to cooperation with the ICTY. In addition, the authors provide a critical overview of the degree of provided protection of human rights in the surrender proceedings, which is compared to the regulation which constitutes the legal framework for cooperation with the permanent International Criminal Court (ICCt).

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