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

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

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780192893758
  • 出版时间 January 2025
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: JP¥29,375.00

JP¥28,493.84 Save JP¥881.16 (3%)

发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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