CEU Electronic Theses and Dissertations, 2014
| Author | Apro, Danijel |
|---|---|
| Title | Third Generation of International Criminal Justice: Hybrid Courts in Cambodia, East Timor, and Kosovo |
| Summary | Hybrid courts represent the most recent type of international criminal courts. According to the United Nations – which typically participate in their creation – hybrid courts are defined as judicial bodies of mixed composition and jurisdiction, comprising both domestic and international components, usually functioning in the country where the crimes happened. Combining three broad methodological approaches customary to examining mechanisms and their practices in transitional justice – legal-doctrinal, normative, and empirical – my thesis examines three cases of hybrid courts, namely those in Cambodia (Extraordinary Chamber in the Courts), East Timor (Serious Crimes Special Panels), and Kosovo (Regulation 64 Panels). Also, it tries to answer whether this type of transitional justice mechanism can contribute to overcoming the constraints of domestic and international criminal justice. Each case is analyzed in four steps: a) background and challenges after atrocity, b) legal basis and organization, c) empirical overview of practices, and finally d) acceptance and legacy. My thesis concludes that despite all the serious problems, difficulties, individual failures, and controversies, establishment of hybrid courts does contribute to overcoming certain constraints regarding selectivity, impunity, and perceived legitimacy. It also warns that the process of bringing the perpetrators to justice in post-conflict areas is long and painful, and often requires more patience and understanding from both domestic and international actors. Therefore, hybrid courts should have more support in terms of political means, funds, witness protection, dissemination of results, as well as complementary mechanisms of transitional justice. |
| Supervisor | Dimitrijevic, Nenad |
| Department | Political Science MA |
| Full text | https://www.etd.ceu.edu/2014/apro_danijel.pdf |
Visit the CEU Library.
© 2007-2021, Central European University