Hybrid Tribunals as a Valid Alternative to International Tribunals for the Prosecution of International Crimes

3rd Annual Victoria University Symposium on Human Rights, Wellington, 2005

Victoria University of Wellington Legal Research Paper No. 17/2019

27 Pages Posted: 27 Feb 2016 Last revised: 11 May 2019

See all articles by Alberto Costi

Alberto Costi

Victoria University of Wellington - Faculty of Law

Date Written: August 24, 2005

Abstract

In this paper, the author examines the possibility of hybrid tribunals as an alternative procedure for the prosecution of international crimes. The paper seeks to answer three questions – can hybrid trials successfully fully replace international tribunals in order to bring perpetrators of international crimes to justice? Do hybrid tribunals better fulfil the expectations of transitional justice than ad hoc tribunals, the International Criminal Court or truth and reconciliation commissions? Do hybrid tribunals represent the building blocks of a new, just world order or are they subject to the same imperfections? The paper surveys the problems related to truth and reconciliation commissions and international tribunals from the military trials at Nuremberg to the creation of the permanent International Criminal Court. It then looks in particular at hybrid tribunals, discussing their conceptual advantages and disadvantages compared to purely international mechanisms. The author concludes that a hybrid tribunal as a model for the enforcement of international criminal law is not necessarily flawed, but may only operate successfully if there is active international support and a genuine will to facilitate the process of reconciliation in society.

Keywords: hybrid, tribunals, international, crimes, human, rights, human rights, nuremberg, ICC, prosecution, war crimes

Suggested Citation

Costi, Alberto, Hybrid Tribunals as a Valid Alternative to International Tribunals for the Prosecution of International Crimes (August 24, 2005). 3rd Annual Victoria University Symposium on Human Rights, Wellington, 2005 ; Victoria University of Wellington Legal Research Paper No. 17/2019. Available at SSRN: https://ssrn.com/abstract=2738183

Alberto Costi (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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