In Defense of Hybridity: Towards a Representational Theory of International Criminal Justice

39 Pages Posted: 20 Oct 2008

See all articles by Frederic Megret

Frederic Megret

McGill University - Faculty of Law

Date Written: October 16, 2005

Abstract

Hybrid tribunals are typically presented as the result of pragmatic institutional design choices (tribunal fatigue, no Security Council resolution), or as better transitional justice tools (because of their claimed proximity to the populations involved). In this article I try to elaborate a more principled theory of hybrid tribunals by showing that one of the key functions of international criminal justice, sociologically, is to "represent" the crime and its particular nature. By taking seriously the fact that international crimes are both international and local, hybrid tribunals arguably make better sense of our intuitions about what is at stake.

Keywords: international criminal tribunals, hybrid, sierra leone, cambodia, iraq, nuremberg

JEL Classification: K33

Suggested Citation

Mégret, Frédéric, In Defense of Hybridity: Towards a Representational Theory of International Criminal Justice (October 16, 2005). Cornell International Law Journal, Vol. 38, 2005. Available at SSRN: https://ssrn.com/abstract=1285471

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
376
rank
76,787
Abstract Views
1,312
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information