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International Criminal Law as Global Law: An Assessment of the Hybrid Tribunals

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Chapter Summary

This chapter focuses on the facet of International Criminal Justice where the influence of global law is the most apparent, namely the hybrid or internationalized criminal tribunals. It first assesses if hybrid tribunals have so far managed to fulfill their initial expectations. Subsequently, the chapter considers the future necessity of hybrid tribunals, given the existence of the International Criminal Court (ICC) as a permanent international criminal court. It argues that establishing hybrid courts in the future will remain indispensable, to fill the possible impunity gaps under the jurisdictional framework of the ICC, for reasons of limited capacity of both domestic courts and the ICC, and as a guarantee for fairness. The chapter assesses the following hybrid tribunals: the East Timor Panels; the Regulation 64 Panels; the Special Court for Sierra Leone (SCSL); the Extraordinary Chambers in the courts of Cambodia (ECCC) and the Special Tribunal for Lebanon (STL).

Keywords: East Timor Panels; global law; hybrid tribunals; International Criminal Court (ICC); International Criminal Justice; Regulation 64 Panels; Special Court for Sierra Leone (SCSL); Special Tribunal for Lebanon (STL)



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