Hybrid Tribunals

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Hybrid and Internationalised Criminal Tribunals

Author : Sarah Williams
Publisher : Hart Publishing
ISBN 13 : 9781841136721
Total Pages : 520 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Hybrid and Internationalised Criminal Tribunals by : Sarah Williams

Download or read book Hybrid and Internationalised Criminal Tribunals written by Sarah Williams and published by Hart Publishing. This book was released on 2012-04-02 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hybrid Tribunals

Author : Aaron Fichtelberg
Publisher : Springer
ISBN 13 : 1461466393
Total Pages : 206 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Hybrid Tribunals by : Aaron Fichtelberg

Download or read book Hybrid Tribunals written by Aaron Fichtelberg and published by Springer. This book was released on 2015-06-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, 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 during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international 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 justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, 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 a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

Hybrid and Internationalised Criminal Tribunals

Author : Sarah Williams
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319254
Total Pages : 370 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Hybrid and Internationalised Criminal Tribunals by : Sarah Williams

Download or read book Hybrid and Internationalised Criminal Tribunals written by Sarah Williams and published by Bloomsbury Publishing. This book was released on 2012-04-02 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hybrid Justice

Author : John D. Ciorciari
Publisher : University of Michigan Press
ISBN 13 : 0472119303
Total Pages : 462 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Hybrid Justice by : John D. Ciorciari

Download or read book Hybrid Justice written by John D. Ciorciari and published by University of Michigan Press. This book was released on 2014-02-20 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive scholarly treatment of the ECCC from legal and political perspectives

Hybrid Tribunals

Author : Aaron Fitchtelberg
Publisher : Springer
ISBN 13 : 9781461466406
Total Pages : 206 pages
Book Rating : 4.4/5 (664 download)

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Book Synopsis Hybrid Tribunals by : Aaron Fitchtelberg

Download or read book Hybrid Tribunals written by Aaron Fitchtelberg and published by Springer. This book was released on 2015-06-12 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, 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 during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international 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 justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, 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 a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The Special Tribunal for Lebanon

Author : Amal Alamuddin
Publisher : Oxford University Press
ISBN 13 : 0199687455
Total Pages : 339 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Special Tribunal for Lebanon by : Amal Alamuddin

Download or read book The Special Tribunal for Lebanon written by Amal Alamuddin and published by Oxford University Press. This book was released on 2014-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Designing Criminal Tribunals

Author : Steven D. Roper
Publisher : Routledge
ISBN 13 : 1351160109
Total Pages : 200 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Designing Criminal Tribunals by : Steven D. Roper

Download or read book Designing Criminal Tribunals written by Steven D. Roper and published by Routledge. This book was released on 2017-11-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the development of international humanitarian law especially since World War II, this volume focuses on the role of the international community in crafting international and mixed war crimes tribunals. It examines the cases of the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and East Timor. These tribunals are legal institutions embedded within a political environment in which the need for nation-state consensus can undermine their judicial effectiveness and ultimately the quest for justice. One of the principal themes examined is how the demands of state sovereignty and finance have contributed to the constant innovation of these tribunals. This is the only book available covering the breadth of cases and it places these institutions within the general development of international humanitarian law.

International Justice in Rwanda and the Balkans

Author : Victor Peskin
Publisher : Cambridge University Press
ISBN 13 : 1139468170
Total Pages : 290 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Justice in Rwanda and the Balkans by : Victor Peskin

Download or read book International Justice in Rwanda and the Balkans written by Victor Peskin and published by Cambridge University Press. This book was released on 2008-03-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.

The President on Trial

Author : Sharon Weill
Publisher : Oxford University Press, USA
ISBN 13 : 0198858620
Total Pages : 465 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The President on Trial by : Sharon Weill

Download or read book The President on Trial written by Sharon Weill and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hiss�ne Habr�'s security forces. Decades later, Habr� was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habr�'s trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials. This book details and contextualizes the Habr� trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hiss�ne Habr�, the book is a comprehensive consideration of a history-making trial.

The Rules, Practice, and Jurisprudence of International Courts and Tribunals

Author : Chiara Giorgetti
Publisher : BRILL
ISBN 13 : 9004194835
Total Pages : 644 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Rules, Practice, and Jurisprudence of International Courts and Tribunals by : Chiara Giorgetti

Download or read book The Rules, Practice, and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2012-02-17 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

Temporary Courts, Permanent Records

Author : Trudy Huskamp Peterson
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Temporary Courts, Permanent Records by : Trudy Huskamp Peterson

Download or read book Temporary Courts, Permanent Records written by Trudy Huskamp Peterson and published by . This book was released on 2006 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.

Saving the International Justice Regime

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
ISBN 13 : 1009059556
Total Pages : 255 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Saving the International Justice Regime by : Courtney Hillebrecht

Download or read book Saving the International Justice Regime written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2021-09-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?

The Oxford Companion to International Criminal Justice

Author :
Publisher : OUP Oxford
ISBN 13 : 0191553441
Total Pages : 1093 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Companion to International Criminal Justice by :

Download or read book The Oxford Companion to International Criminal Justice written by and published by OUP Oxford. This book was released on 2009-01-22 with total page 1093 pages. Available in PDF, EPUB and Kindle. Book excerpt: The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

Extraordinary Justice

Author : Craig Etcheson
Publisher : Columbia University Press
ISBN 13 : 0231550723
Total Pages : 314 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Extraordinary Justice by : Craig Etcheson

Download or read book Extraordinary Justice written by Craig Etcheson and published by Columbia University Press. This book was released on 2019-11-19 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In just a few short years, the Khmer Rouge presided over one of the twentieth century’s cruelest reigns of terror. Since its 1979 overthrow, there have been several attempts to hold the perpetrators accountable, from a People’s Revolutionary Tribunal shortly afterward through the early 2000s Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal. Extraordinary Justice offers a definitive account of the quest for justice in Cambodia that uses this history to develop a theoretical framework for understanding the interaction between law and politics in war crimes tribunals. Craig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake. Etcheson argues that the concepts of legality that hold sway in such tribunals should be understood in terms of their orientation toward politics, both in the Khmer Rouge Tribunal and generally. A magisterial chronicle of the inner workings of postconflict justice, Extraordinary Justice challenges understandings of the relationship between politics and the law, with important implications for the future of attempts to seek accountability for crimes against humanity.

Strengthening the Validity of International Criminal Tribunals

Author : Joanna Nicholson
Publisher : BRILL
ISBN 13 : 9004343776
Total Pages : 383 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Strengthening the Validity of International Criminal Tribunals by : Joanna Nicholson

Download or read book Strengthening the Validity of International Criminal Tribunals written by Joanna Nicholson and published by BRILL. This book was released on 2018-05-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.