ICTY Arrest Warrants and Domestic Extradition Law

Upon confirmation of an indictment by a Judge in accordance with Rule 47 of the ICTY Rules of Procedure and Evidence (RoPE), the Rules create a basic regime applicable to the arrest and apprehension of those indicted to take place in the country concerned. After confirming the indictment the Judge issues warrants for the arrest of the accused and an order for his surrender to the Tribunal, which are transmitted to the national authorities of the State where it is believed that the accused can be found²⁴⁹⁷ and/or to the international forces supervising the implementation of the Dayton Peace Accords.²⁴⁹⁸ In addition, Rules 39 and 40 of the ICTY RoPE give the ICTY Prosecutor the right to ask States for certain measures to be taken.