The Duality of State Cooperation Within International and National Criminal Cases

This Article seeks to elaborate on various responses to challenges to the rule of law. The authors consider certain of the greatest of these challenges to center around illegitimate control of State organs by groups capable of infringing presumptive rights granted under treaty to States that in a systematic and continuous way resort to abuse of process. This Article, dealing with the equality of arms, is therefore only the first of a series exploring both this problem and the manner in which it may be addressed. This Article assesses whether and to what extent State cooperation, both before international tribunals as well as within the system of mutual assistance in criminal matters, is vulnerable to these motives of realpolitik, while at the same time examining its impact on the principle of equality of arms.