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Not much justice: The performance of the internationalized criminal courts in Kosovo, East Timor, Cambodia, and Sierra Leone
by Bowman, Herbert D., LL.M., McGill University (Canada), 2007 , 109 pages; AAT MR32878

Abstract (Summary)

It has been claimed that internationalized, or "hybrid" courts, courts which mix international and local personnel and international and domestic law, can be used to replace or complement the work of the International Criminal Court. Four such hybrid courts--courts located in Kosovo, East Timor, Cambodia and Sierra Leone, have either just completed their work or are far enough along in their operation to provide a type of "justice laboratory" to test this claim. Analysis reveals that the performance of these courts has been poor. It shows that the courts in Kosovo and East Timor were doomed to failure, that the court in Cambodia is headed in the same direction, and that only the court operating in Sierra Leone offers a possibility that something close to justice will result. The summary recommendation drawn from the analysis is that hybrid courts should only be employed where: (1) international personnel control the proceedings, (2) the legal framework of the court conforms to international standards, and (3) the sponsors of the enterprise possess a clear ability, and demonstrate a credible commitment, to try and punish those most responsible for committing gross human rights offenses.

Indexing (document details)

School:McGill University (Canada)
School Location:Canada
Keyword(s):Serbia
Source:MAI 46/03, Jun 2008
Source type:Dissertation
Subjects:Law
Publication Number: AAT MR32878
ISBN:9780494328781
Document URL:
ProQuest document ID:1441192791


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