Full Description
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.
Contents
1: Kirsten Ainley and Mark Kersten: Introduction
FIELDS
2: Dennis Schmidt: In whose name? Mapping the constitutional legitimacy of hybrid international criminal courts
3: Elena Baylis: Regionalized Hybrid Courts
4: Shastry Njeru and Tyanai Masiya: Securing Resilient Peace: From Hybridity to Polyvalence
5: Shannon Torrens: Dissent in International Criminal Justice and the Creation and Re-emergence of the Hybrid Court
6: Patryk Labuda: Institutional Design and Complementarity: Regulating Relations between Hybrid Tribunals and other Judicial and Non-Judicial Institutions
PRACTICE
7: Sareta Ashraph: Valuing the Defence: A Comparative Analysis of the Hybrid Tribunals' Stumbling Efforts Towards Giving Meaning to Defence Rights
8: Philipp Ambach: Victim participation in hybrid international(ised) tribunals - part of the modern acquis or just a feature 'nice to have'?
9: Erica Bussey: 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
10: Philipa Greer: Emerging Enforcement Practices of Hybrid Courts: Lessons Learned for Proposed Hybrid Mechanisms in Post-Conflict States
Innovation
11: Kerstin Bree Carlson: A New African Pluralism in International Criminal Law: Sovereign Immunity and the Trial of Hissène Habré
12: Elise Keppler: 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
13: Rosemary Grey: 'Forced marriage': A positive development for international criminal law?
14: Camilo Sanchez: Hybrid investigatory Mechanisms and other Hybrid Justice Initiatives
15: Sarah Williams: Hybrid tribunals as a mechanism for reparative justice
Impact
16: Olga Kavran: Hybrid justice and the promise and expectations of outreach
17: Ezequiel Jiminez: 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
18: Alice Dieci: Beyond 'fragmentation': the potential of hybrid courts to restore local trust in international justice through prosecution of economic, social and cultural rights violations
19: Conclusion
