NCJ Number
222920
Date Published
2008
Length
54 pages
Annotation
The purpose of this rule-of-law policy tool is to explore the potential positive impact hybrid courts may have on the domestic justice system of post-conflict states to ensure a lasting legacy for the rule-of-law and respect for human rights and to examine how hybrid courts can receive the mandates and necessary political support required to be more effective in terms of legacy and capacity-building.
Abstract
Hybrid courts should not be expected to restore damaged or destroyed domestic legal systems, but should seek to make a strategic contribution where possible. It is imperative that hybrid courts be designed with a view to having a permanent and lasting impact on the host domestic justice system. Their establishment is a critical phase during which relationships with local actors must be inclusive and carefully managed. Among the most important impacts that a hybrid tribunal can have on the rule of law is the demonstration effect of conducting fair trials even of the most serious crimes. Hybrid courts are defined as courts of mixed composition and jurisdiction, encompassing both national and international aspects, usually operating within the jurisdiction where the crimes occurred. They have recently gained prominence as one of the most important policy developments in transitional justice. They were established by the United Nations Interim Administration Mission in Kosovo in 2000 and by the United Nations Transitional Administration in East Timor in 2000. The rationales for creating hybrids include: lack of capacity or resources at the national level and fears of bias or lack of independence in the legal system, as well as contributing to the right to justice and effective remedy, contributing to ending a culture of impunity, and contributing to reconciliation. Hybrid courts can have a positive impact on the domestic justice system of post-conflict states.