'Hybrid courts'<br> The hybrid category of a new type of international crimes courts

The literature has welcomed hybrid courts as a new type of international crimes courts, asserting that they promise to combine the benefits and to avoid the drawbacks of purely international and purely domestic trials. Upon closer examination of the current examples of hybrid courts in Kosovo, East...

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Main Author: Sarah M.H. Nouwen
Format: Article
Language:English
Published: Utrecht University School of Law 2006-12-01
Series:Utrecht Law Review
Subjects:
Online Access:http://www.utrechtlawreview.org/articles/10.18352/ulr.32/
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author Sarah M.H. Nouwen
author_facet Sarah M.H. Nouwen
author_sort Sarah M.H. Nouwen
collection DOAJ
description The literature has welcomed hybrid courts as a new type of international crimes courts, asserting that they promise to combine the benefits and to avoid the drawbacks of purely international and purely domestic trials. Upon closer examination of the current examples of hybrid courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina it is revealed, however, that it is highly questionable whether such a promise can be ascribed to hybrid courts as a category. The current hybrid courts differ from one another in critical respects. Furthermore, some of the features that they do have in common appear to be coincidental, in that they are not defining characteristics. Attributing a promise to the category of hybrid courts as a whole raises false expectations as these fundamental differences and non-defining common features are at least as important to the alleged promise of hybrid courts as the one common defining characteristic, namely mixed panels of judges.
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spelling doaj.art-e124c92333b44f5eb95e235d645260da2022-12-21T18:39:00ZengUtrecht University School of LawUtrecht Law Review1871-515X2006-12-012219021410.18352/ulr.3232'Hybrid courts'<br> The hybrid category of a new type of international crimes courtsSarah M.H. NouwenThe literature has welcomed hybrid courts as a new type of international crimes courts, asserting that they promise to combine the benefits and to avoid the drawbacks of purely international and purely domestic trials. Upon closer examination of the current examples of hybrid courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina it is revealed, however, that it is highly questionable whether such a promise can be ascribed to hybrid courts as a category. The current hybrid courts differ from one another in critical respects. Furthermore, some of the features that they do have in common appear to be coincidental, in that they are not defining characteristics. Attributing a promise to the category of hybrid courts as a whole raises false expectations as these fundamental differences and non-defining common features are at least as important to the alleged promise of hybrid courts as the one common defining characteristic, namely mixed panels of judges.http://www.utrechtlawreview.org/articles/10.18352/ulr.32/international criminal courtshybrid courtsinternationalized courts
spellingShingle Sarah M.H. Nouwen
'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
Utrecht Law Review
international criminal courts
hybrid courts
internationalized courts
title 'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
title_full 'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
title_fullStr 'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
title_full_unstemmed 'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
title_short 'Hybrid courts'<br> The hybrid category of a new type of international crimes courts
title_sort hybrid courts lt br gt the hybrid category of a new type of international crimes courts
topic international criminal courts
hybrid courts
internationalized courts
url http://www.utrechtlawreview.org/articles/10.18352/ulr.32/
work_keys_str_mv AT sarahmhnouwen hybridcourtsltbrgtthehybridcategoryofanewtypeofinternationalcrimescourts