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Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes

Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes

Author: Kirsten Ainley; Mark Kersten
Publisher: Oxford University Press
ISBN: 9780192893758
Published In: January 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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