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It is unclear whether the obligation to cooperate also extends to the territory of other States.2521 Obviously, this extension cannot take place without violating or at least infringing upon that State’s right not to have police functions exercised on its territory without consent.2522 In any event, the obligation to cooperate can also include other forms of cooperation with authorities of other countries, especially neighbouring countries, for example in cases of expulsion of persons from the country of their citizenship. Once the respective person is found on the territory of BiH, the obligation of the BiH authorities is clearly triggered both on the basis of Article 29 of the Statute and Article II.8 of the Constitution.2523


Footnotes

  1. Brown, 1999, p. 515.

  2. Cryer, 2005, p. 138, on the obligation to arrest war criminals also outside the State’s own territory derived from the Geneva Conventions see Sharp, p. 421.

  3. On the debate regarding the luring of suspects or “trickery” see Cryer, 2005, p. 138; Bassiouni/Scharf, 2000, p. 447, 448-449; Ackermann/O’Sullivan, 2000, p. 292.

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