Cooperation with the ICTY has in practice been the most problematic aspect of Article II.8. However, jurisprudence of the Constitutional Court and of other courts on that specific aspect of Article II.8 hardly exists. \u201cCooperation\u201d means any form of cooperation in all matters of relevance to the tribunal and with all principal organs of the ICTY under Article 11 of the ICTY Statute (the Statute), that is, with the Chambers, the Office of the Prosecutor (OTP), and the Registry of the ICTY.<\/p>\n
The wording of Article II.8 places particular emphasis on compliance with orders on the basis of Article 29 of the Statute, usually being the basis for requests for transfer not only of suspects and persons accused by the ICTY and for arrest warrants, but also for requests to hand over evidentiary material and for the appearance of witnesses.<\/p>\n
Article 29 of the Statute constitutes a \u201cnovel and unique obligation\u201d under international law2493 <\/sup><\/span>by creating an erga omnes obligation for all UN member states to cooperate with the Tribunal2494 <\/sup><\/span>and trumping other international legal obligations by virtue of Article 103 of the UN Charter.2495<\/sup><\/span><\/p>\n