Addressing the Major Legal, Political and Practical Obstacles Facing Hybrid Tribunals in Post Conflict Situations: Learning from the Past Experience and Lessons for the Future

Abstract

In this chapter, the author examines the concept of transitional justice and the transformation of societies from repressive rule or armed conflict to reconciliation and the creation of a justice system to prevent further human rights abuses through the use of hybrid tribunals. The chapter addresses certain questions such as: Can hybrid tribunals successfully replace international tribunals in order to bring perpetrators of international crimes to justice Do hybrid tribunals fulfil the expectations of transitional justice better than ad hoc tribunals like the ICC or TRCs? Do hybrid tribunals represent the building blocks of a new, just world order, or are they subject to the same imperfections as the transitional justice mechanisms? The chapter first lays out the legacies and deficiencies of current and past international tribunals, before turning to hybrid tribunals. The chapter then discusses the conceptual advantages of hybrid tribunals compared to traditional mechanisms. This leads the author to conclude that although hybrid tribunals have become the new model for the enforcement of international criminal law, they may only operate successfully if there is active international support and if there is a genuine will to facilitate the process of reconciliation in a society.

Keywords: transitional justice, repressive rule, reconciliation, conflict, human rights, abuse, international tribunals, transitional justice, hybrid tribunals

JEL Classification: K00, K1, K14, K33, K31, K4, K40, K42