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

Edited by: Kirsten Ainley, Mark Kersten

ISBN13: 9780192893758
To be Published: January 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



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.

Subjects:
International Criminal Law, Courts and Procedure
Contents:
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

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
To be published August 2042
Oxford University Press
£70.00
Identity and Diversity on the International Bench: Who is the Judge?
Edited by: Freya Baetens
ISBN 9780198870753
Published December 2020
Oxford University Press
£147.50
International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
Published October 2020
Oxford University Press
£105.00
International Court Authority ISBN 9780198795599
Published July 2018
Oxford University Press
£42.49
International Court Authority ISBN 9780198795582
Published July 2018
Oxford University Press
£120.00
Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£40.49
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£51.00
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£40.49
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£95.83
(ePub)
Buy
The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£137.50
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£145.00
£42.50
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£145.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£18.74
(ePub)
Buy
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£100.00
(ePub)
Buy
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£145.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£30.41
(ePub)
Buy
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£96.00
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£122.50
£140.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£69.00
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£135.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£82.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£207.50
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£78.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£54.00