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The rebel leaders have a legal duty to hand any captured indictees over to the ICC, and the UK should insist that they do so.
In Cambodia, however, there were only five indictees over the first four years of the tribunal's operation.
In Cambodia, however, there were only five indictees over the first 14 years of the tribunal's existence.
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The Americans are also growing tired of pressing Serbia to hand over indictees to The Hague.
In particular, policies making European Union membership conditional on full co-operation with the Yugoslavian tribunal created powerful pressure – most recently in Serbia – to hand over indictees, culminating in last years' long-awaited arrests of Ratko Mladic and Goran Hadzic.
Some European governments are beginning to contemplate the idea that if Bashir were willing to hand over other indictees, engage convincingly in peace negotiations and prosecute the rapists and murderers, then the case for suspension of the indictment could be argued under Article 16 of the ICC treaty.
He was reluctant to cooperate fully with tribunal in The Hague that works on war crimes in the former Yugoslavia, refusing to hand over specific indictees, often on medical grounds, and Zagreb intervened in Bosnia, financing and promoting a separate Bosnian Croat entity despite formal support for the Muslim-Croat Federation that Washington demanded.
But he seemed to suggest that for the moment, the Yugoslavs had done well enough in meeting the demands, saying, "I am encouraged by the actions that Belgrade has already taken to work with the tribunal, including its assistance over the last several weeks in transferring two indictees to The Hague".
Now, the tribunal must press on with its demands for Serbia to hand over Mladic at least, and not be deterred by weasel words from Belgrade about how Milosevic's death will make fresh handovers of Hague indictees problematic.
Boosting indictees' electoral chances was not on that list.
All 39 indictees are African, including two serving presidents.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com