Towards a Principled Justification for the Mixed Composition of Hybrid International Criminal Tribunals
(2017) 30 Leiden Journal of International Law 177-197
20 Pages Posted: 23 Feb 2017
Date Written: February 19, 2017
The justification for a majority of international judges sitting on hybrid international criminal tribunals is tremendously undertheorized. At present, policymakers must rely on base pragmatic considerations that allege that local judges are either too incapable or too corrupt. This may or may not be true – it is however, certainly unattractive and inadequate as an argument. In this paper, I sketch out a principled theoretical argument defending internationalization of hybrid tribunals. Drawing on debates in municipal jurisdictions on the principle of fair reflection, my principled justification centres on institutional and sociological legitimacy. As international crimes strike at two societies – the local and the global – hybrid tribunals should be composed of both international and local judges. In principle, the severity of international crimes dictates that international judges should predominate. However, peculiar contextual factors may suggest moderating the principle of fair reflection in appropriate circumstances.
Keywords: international criminal law, sociological legitimacy, composition of courts, hybrid tribunals, principle of fair reflection
JEL Classification: K33
Suggested Citation: Suggested Citation