The last decade has seen the unexpected re-emergence of hybrid and internationalised courts – institutions which operate with varying combinations of national and international law, procedure, and staff. Whilst the establishment of the permanent International Criminal Court should have made hybrid mechanisms largely obsolete, hybrids have recently been established or proposed for atrocity crimes committed in Chad, South Sudan, Israel/Palestine, the Central African Republic, Kosovo, Syria, Sri Lanka, Myanmar, The Gambia, Liberia, and Ukraine.
Hybrid Justice critically examines the resurgent promise of hybrid courts. Focusing on the fields, practices, innovations, and of hybrid courts, the contributors evaluate hybrids’ success, and in doing so, help to clarify the conditions and mechanisms that makes hybrids likely to succeed in their mandates and impacts. The authors focus on hybrid courts and resilience: the resilience of hybrid mechanisms to withstand political and other pressures to deliver justice and accountability, and the potential contribution of hybrids to the resilience of affected communities.
Borne out of a collaboration between lawyers, academics, and activists, this edited volume provides a uniquely comparative account of the development of hybrid courts in recent years.
- Subjects:
- International Criminal Law, Courts and Procedure
- Contents:
- 1:Introduction
- Kirsten Ainley and Mark Kersten
- FIELDS
- 2:In whose name? Mapping the constitutional legitimacy of hybrid international criminal courts
- Dennis Schmidt
- 3:Regionalized Hybrid Courts
- Elena Baylis
- 4:Securing Resilient Peace: From Hybridity to Polyvalence
- Shastry Njeru and Tyanai Masiya
- 5:Dissent in International Criminal Justice and the Creation and Re-emergence of the Hybrid Court
- Shannon Torrens
- 6:Institutional Design and Complementarity: Regulating Relations between Hybrid Tribunals and other Judicial and Non-Judicial Institutions
- Patryk Labuda
- PRACTICE
- 7:Valuing the Defence: A Comparative Analysis of the Hybrid Tribunals’ Stumbling Efforts Towards Giving Meaning to Defence Rights
- Sareta Ashraph
- 8:Victim participation in hybrid international(ised) tribunals – part of the modern acquis or just a feature ‘nice to have’?
- Philipp Ambach
- 9:From the Special Criminal Court in CAR to the Kosovo Specialist Chambers: Impact of the nationality of judges/staff on the legitimacy of recent hybrid tribunals
- Erica Bussey
- 10:Emerging Enforcement Practices of Hybrid Courts: Lessons Learned for Proposed Hybrid Mechanisms in Post-Conflict States
- Philipa Greer
- Innovation
- 11:A New African Pluralism in International Criminal Law: Sovereign Immunity and the Trial of Hissène Habré, Kerstin Bree Carlson
- 12:Innovations in hybrid justice: comparative opportunities and challenges of the Central African Republic’s Special Criminal Court and the proposed Hybrid Court for South Sudan
- Elise Keppler
- 13:’Forced marriage’: A positive development for international criminal law?
- Rosemary Grey
- 14:Hybrid investigatory Mechanisms and other Hybrid Justice Initiatives
- Camilo Sanchez
- 15:Hybrid tribunals as a mechanism for reparative justice
- Sarah Williams
- Impact
- 16:Hybrid justice and the promise and expectations of outreach
- Olga Kavran
- 17:The Premise of Capacity Building in the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Bosnian War Crimes Chamber
- Ezequiel Jiminez
- 18:Beyond ‘fragmentation’: the potential of hybrid courts to restore local trust in international justice through prosecution of economic, social and cultural rights violations
- Alice Dieci
- 19:Conclusion