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Hybrid and Internationalised Criminal Tribunals - Selected Jurisdictional Issues (Hardcover, New)
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Hybrid and Internationalised Criminal Tribunals - Selected Jurisdictional Issues (Hardcover, New)
Series: Studies in International and Comparative Criminal Law
Expected to ship within 10 - 15 working days
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In recent years a number of criminal tribunals have been
established to investigate, prosecute and try individuals accused
of serious violations of international humanitarian law and
international human rights law. These tribunals have been described
as 'hybrid' or 'internationalised' tribunals as their structure and
applicable law consist of both international and national elements.
Six such tribunals are currently in operation: the Special Court
for Sierra Leone, the Extraordinary Chambers in the Courts of
Cambodia, the International Judges and Prosecutors Programme in
Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the
Iraqi High Tribunal and the Special Tribunal for Lebanon. The
Special Panels for Serious Crimes in East Timor suspended operation
in May 2005, although there continues to be some international
involvement in investigation and prosecution of serious crimes.
Suggestions have also been made that this model of tribunal would
be appropriate for the prosecution of atrocities committed in,
among others, Burundi, the Sudan, the Democratic Republic of Congo,
Kenya and Liberia, as well as for a wider range of international
crimes, most recently piracy. The key aims of this book are: to
place the model of hybrid and internationalised tribunals in the
context of other mechanisms to try international crimes; to examine
the increasing demand for the establishment of hybrid and
internationalised judicial institutions and the factors driving
such demand; to define the category of 'hybrid and
internationalised tribunals' by examining the key features of the
existing and proposed hybrid or internationalised tribunals, as
well as the features of those institutions with international
elements that are generally excluded from this category; to
determine the legal and jurisdictional bases of existing hybrid and
internationalised tribunals; to analyse how the legal and
jurisdictional basis of a tribunal affects other issues, such as
the applicable law, the application of amnesties and immunities and
the relationship of the tribunal with the host state, third states,
national courts and other international criminal tribunals. The
book concentrates on the definitional, legal and jurisdictional
aspects of hybrid and internationalised criminal tribunals as this
has been the subject of some confusion in arguments before the
tribunals and in the judgments of the tribunals. In its concluding
section, the book examines the future role of internationalised and
hybrid criminal tribunals, particularly in light of the
establishment of the ICC, and the potential use of such tribunals
in other contexts. It also assesses how hybrid and
internationalised tribunals fit into a 'multi-layered framework' of
international criminal law and transitional justice.
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