ABSTRACT

While the Statute provides for concurrent jurisdiction between national courts and the International Tribunal, it also gives the Tribunal authority to require national courts to defer to its competence. This provision will also undoubtedly necessitate appropriate action at the national level. The most problematic aspect of cooperation with the Tribunal undoubtedly concerns extradition. The Constitution expressly forbids the extradition of Slovenian citizens to a foreign state. With regard to foreigners present in Slovenia, extradition is permitted under the Constitution only "in those cases that are covered by international agreements binding on Slovenia". The Statute also appears to violate the principle of nullum crimen sine lege because it fails to specify penalty ranges. Instead, "in determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia".