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Vol 21 No 11 Nov/Dec 2016

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Hybrid Tribunals: A Comparative Examination

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ISBN13: 9781461466383
Published: July 2015
Publisher: Springer-Verlag
Country of Publication: USA
Format: Hardback
Price: £90.00



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Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the United Nations and the local state where they function. These tribunals represent an important bridge between courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local legal justice systems. Because hybrid tribunals are developed in response to large-scale atrocities (or in the case of Lebanon a single murder), these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows (in appearance, at least) a society to deal with its criminals on its own terms.

This book will examine hybrid tribunals in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon in their entirety, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced. Through this examination, the author will examine both their successes and their shortcomings, and present recommendations for the formation of future hybrid tribunals. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger context and providing recommendations for the formation of future hybrid tribunals.

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Subjects:
International Criminal Law
Contents:
Introduction: Hybrid Tribunals in International Justice.

I: Forming the Hybrid Tribunals.;
Sierra Leone: Civil War and Justice.
Kosovo: International and Hybrid Justice.;
Cambodia: Justice (long) After the Fact.;
East Timor: Genocide and Colonialism.;
Lebanon: Assassination of Rafic Hariri and Global Justice.;

II: Structuring the Tribunals.
Sierra Leone.
Kosovo.
Cambodia.;
East Timor.;
Lebanon.;

III: The Tribunals in Action.;
Sierra Leone: Taylor and "The Other".;
Cambodia and Lebanon: Fighting for Independence.
Kosovo and East Timor: Working in the UN System.;

IV: Conclusions:
Evaluating the Tribunals.
Hybrid Tribunals and Local Justice.
Hybrid Tribunals and International Justice Revisited.
Guidelines for Future Tribunals.