ABSTRACT

Guido Acquaviva’s chapter deals with one of the consequences of the proliferation of international criminal tribunals over the past two decades: the increasing interaction between these courts and non-state actors, despite the fact that their founding members did not explicitly envision such a power in the tribunals’ constitutive instruments. He notes that these courts have taken for granted their right to enter into relations with non-state actors, not just by concluding international agreements with them, but also by assuming the authority to request material and, in general, cooperation. He concludes that a new rule of international customary law may be forming, a rule allowing direct interaction between international judicial institutions and non-state entities.