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Internationalized Tribunals: A Search For Their Legal Bases

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Chapter Summary

In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international human rights and international humanitarian law. Six such tribunals are operational: the Special Court for Sierra Leone (SCSL); 'Regulation 64' panels in Kosovo; the Extraordinary Chambers in the Courts of Cambodia (ECCC); the War Crimes Chamber for Bosnia and Herzegovina (WCC); the Iraqi High Tribunal (IHT) and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in Timor-Leste (SPSC) suspended operations in May 2005. This chapter assesses the differing legal bases of the existing internationalized tribunals and the proposed LST. The United Nations Transitional Administration in East Timor (UNTAET) was 'endowed with overall authority for the administration' and 'empowered to exercise all legislative and executive authority, including the administration of the judiciary'.

Keywords: international human rights; international humanitarian law; internationalized tribunals; Iraqi High Tribunal (IHT); Special Court for Sierra Leone (SCSL); SPSC; War Crimes Chamber (WCC)



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