Regional Cooperation in War Crimes Cases as Cooperation with the ICTY

Cooperation between the competent authorities in the region can also be considered as an aspect of cooperation with the ICTY, at least in relation to cases transferred by the ICTY in accordance with Rule 11bis of the RoPE. The efficient prosecution of war crimes cases at the domestic level is only possible if the relevant authorities provide each other assistance to the extent necessary and required. Cooperation may in general include the extradition of suspects and accused persons, the transfer of cases and other forms of mutual assistance in criminal matters. In relation to cases transferred under Rule 11bis, these aspects seem to gain significant importance. However, neither the ICTY Referral Bench nor any other relevant stakeholders addressed matters of regional cooperation in ICTY-transferred cases or other war crimes cases in the context of the obligation of national authorities to cooperate with the ICTY.