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Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues


ISBN13: 9781841136721
Published: April 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £150.00



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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.

These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Five such tribunals are currently in operation:-

  • the Special Court for Sierra Leone,
  • the Extraordinary Chambers in the Courts of Cambodia,
  • Regulation 64 panels in Kosovo,
  • the War Crimes Chamber for Bosnia and Herzegovina
  • and the Iraqi High Tribunal.
The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, while the Lebanese Special Tribunal is being established. Suggestions have also been made that this model of tribunal would also be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, Afghanistan, Palestine and the Occupied Territories and Liberia.

The key aims of this book are:-

  • to examine the increasing role of hybrid and internationalized judicial institutions in prosecuting international crimes;
  • to outline the basic features of the existing and proposed hybrid or internationalised tribunals;
  • to define and categorise the tribunals;
  • to determine the jurisdictional basis of each tribunal;
  • to analyse how the jurisdictional basis affects other issues, such as the applicable law, the application of amnesties and immunities
  • and the relationship of these tribunals with the host state, third states, national courts and other international criminal tribunals.
The book concentrates on the jurisdictional aspects of hybrid and internationalized criminal tribunals as this has been the subject of confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalized and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts.

It will also assess how hybrid and internationalized tribunals fit into a "multi-layered framework" of international criminal law and transitional justice, which is developing its own normative framework.

Subjects:
International Criminal Law
Contents:
1. The Emerging System of International Criminal Justice
2. Hybrid and Internationalised Tribunals: A Study of Existing Practice
3. Exclusions and Proposals for Future Hybrid and Internationalised Tribunals
4. Hybrid and Internationalised Tribunals: In Search of a Definition
5. Legal and Jurisdictional Bases of Hybrid and Internationalised Tribunals
6. Legal Barriers to the Exercise of Jurisdiction

Series: Studies in International and Comparative Criminal Law

Principles of Polish Criminal Procedure ISBN 9781509950812
To be published June 2025
Hart Publishing
£59.99
Principles of Indonesian Criminal Law ISBN 9781509950966
Published August 2024
Hart Publishing
£54.99
Principles of Polish Criminal Procedure (eBook) ISBN 9781509950782
Published December 2023
Hart Publishing
£108.00
(ePub)
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Principles of Polish Criminal Procedure ISBN 9781509950775
Published December 2023
Hart Publishing
£120.00
Principles of Chinese Criminal Procedure ISBN 9781509953998
Published May 2023
Hart Publishing
£41.99
Principles of Indonesian Criminal Law ISBN 9781509950928
Published February 2023
Hart Publishing
£110.00
Principles of Indonesian Criminal Law (eBook) ISBN 9781509950935
Published February 2023
Hart Publishing
£49.49
(ePub)
Buy
Principles of Chinese Criminal Procedure (eBook) ISBN 9781509934928
Published November 2021
Hart Publishing
£37.79
(ePub)
Buy
Principles of Chinese Criminal Procedure ISBN 9781509934911
Published November 2021
Hart Publishing
£90.00
£41.99
Principles of German Criminal Procedure 2nd ed (eBook) ISBN 9781509935345
Published June 2021
Hart Publishing
£40.49
(ePub)
Buy
Principles of German Criminal Procedure 2nd ed ISBN 9781509935338
Published June 2021
Hart Publishing
£100.00
Caribbean Anti-Trafficking Law and Practice ISBN 9781509946242
Published January 2021
Hart Publishing
£49.99
£90.00
£81.00
(ePub)
Buy
Caribbean Anti-Trafficking Law and Practice ISBN 9781509915569
Published July 2019
Hart Publishing
£130.00
Caribbean Anti-Trafficking Law and Practice (eBook) ISBN 9781509915583
Published July 2019
Hart Publishing
£44.99
(ePub)
Buy
£117.00
(ePub)
Buy
£135.00
(ePub)
Buy
Principles of German Criminal Procedure (eBook) ISBN 9781847318985
Published February 2012
Hart Publishing
Out of print
Principles of German Criminal Procedure ISBN 9781849462167
Published February 2012
Hart Publishing
Out of print
Principles of German Criminal Procedure (eBook) ISBN 9781847318978
Published February 2012
Hart Publishing
Out of print
£76.50
(ePub)
Buy
£85.00
Transnational Organised Crime in International Law ISBN 9781841136905
Published August 2010
Hart Publishing
£95.00
Principles of German Criminal Law ISBN 9781841136301
Published December 2008
Hart Publishing
£59.99
The German Criminal Code: A Modern English Translation ISBN 9781841138312
Published July 2008
Hart Publishing
£59.99