The Concept of Hybrid Courts Revisited: The Case of the Kosovo Specialist Chambers

2018 ◽  
Vol 18 (4) ◽  
pp. 623-654 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Domestic Court ◽  
Criminal Courts ◽  
Legal Implications ◽  
Domestic Courts ◽  
Heads Of State

The article analyses and criticizes the concept of hybrid courts. The main proposition is that the concept of hybrid courts is unclear and that there are no clear criteria which would provide guidance for establishing if a judicial body is a hybrid court or not. The idea of hybrid courts is conceptually misleading because it creates the perception that hybrid courts are a separate institutional category different from international and domestic criminal courts. The author argues that the concept of hybrid courts should therefore be abandoned in favour of clearer criteria which distinguish between international and domestic courts. Analysing the Kosovo Specialist Chambers from this perspective, the author argues that the Kosovo Specialist Chambers are an international criminal court and not a domestic court which has legal implications, such as concerning immunity of heads of state.

Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Case ◽  
Criminal Court ◽  
Discourse Theory ◽  
Criminal Courts ◽  
Normative Expectations ◽  
Judicial Lawmaking ◽  
The Individual

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

scholarly journals Reflections on the Indictment of Sitting Heads of State and Government and Its Consequences for Peace and Stability and Reconciliation in Africa

2014 ◽  
Vol 7 (1) ◽  
pp. 43-59 ◽  
Author(s):  
Charles Chernor Jalloh
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Practical Reasons ◽  
African Countries ◽  
Global Consensus ◽  
Rules Of Procedure ◽  
Chief Prosecutor ◽  
Heads Of State ◽  
Current Concerns

Abstract In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya’s controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union’s current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. This is important because, even if it is possible for African countries to secure amendments to the Rules of Procedure and Evidence, African States Parties are unlikely able to secure the global consensus required to effect substantive amendments to the 1998 treaty. On the other hand, the author suggests that the International Criminal Court officials, especially the judges and the chief prosecutor, can help bridge the apparent gap between the Court and its African supporters. Towards that end, they should consider taking a more flexible and more nuanced approach to their interpretations and application of several important provisions contained in their founding statute. Eschewing a one-size fits all approach, it is submitted that each African situation is unique – both in the scope of the problem, and in the solution required in the necessary fight against impunity in Africa.

Defence Counsel Ethics, the icc Code of Conduct and Establishing a Bar Association for icc List Counsel

2016 ◽  
Vol 16 (6) ◽  
pp. 1048-1116
Author(s):  
Michael G. Karnavas
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Code Of Conduct ◽  
Criminal Court ◽  
Professional Association ◽  
Criminal Courts ◽  
Defence Counsel ◽  
Bar Association

Defence counsel are ethically bound to zealously represent their clients. So what exactly does it mean to ‘zealously represent’ a client before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an International Criminal Court (icc) Bar or professional association for icc List Counsel and their assistants be of any significance to that end? This contribution concludes that the only way forward out of the prevailing and persistent morass List Counsel currently find themselves in at the icc, is through the establishment of a Bar Association for List Counsel and their assistants.

scholarly journals Thousands on the stand: Exploring trends and patterns of international witnesses

2019 ◽  
Vol 32 (4) ◽  
pp. 819-836
Author(s):  
Gabriele Chlevickaite ◽  
Barbora Hola ◽  
Catrien Bijleveld
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Complex Interaction ◽  
Criminal Courts ◽  
Witness Testimony ◽  
General Overview ◽  
Judicial Efficiency ◽  
Situational Contexts

AbstractThe international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically examines the trends and patterns in viva voce witness numbers at the International Criminal Tribunal for the Former Yugoslavia (ICTY), for Rwanda (ICTR), and the International Criminal Court (ICC). We observe clear differences between institutions and individual cases, and discuss the underlying reasons for such divergences. As well as providing a general overview, we demonstrate the complex interaction between case-related characteristics, institutional and situational contexts, and the number of witnesses called at trial.

The Role Played by External Case Law in Promoting the Legitimacy of International Criminal Court Decisions

2018 ◽  
Vol 87 (2) ◽  
pp. 189-211
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Procedural Law ◽  
The Law

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs’ decisions. This will help increase the legitimacy both of the Court’s own decisions and the field of ICL as a whole.

INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS

2017 ◽  
Vol 2 (2) ◽  
pp. 71-84
Author(s):  
Magda Olesiuk-Okomska
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Far East ◽  
Criminal Court ◽  
Court System ◽  
Criminal Courts ◽  
International Crimes ◽  
Military Tribunal ◽  
Massive Scale

Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.

Burundi crisis will pose risks for the wider region

2016 ◽  
Keyword(s):  
Civil War ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Content Type ◽  
Heads Of State

Subject Regional risks posed by the crisis in Burundi. Significance On January 31, the African Union (AU) heads of state voted against deploying a proposed 5,000-strong peacekeeping force to Burundi to quell violence triggered by President Pierre Nkurunziza's successful bid for a third term in office. The decision indicates tacit support by many leaders, some of whom are planning similar bids. Yet they remain concerned for the wider security implications should a full civil war erupt. Impacts Tanzania's new president, John Magufuli, is best placed to lead future peace talks given his strong standing regionally and internationally. If the crisis becomes genocidal, the UNSC may consider extending its DRC peacekeeping mission's mandate to include Burundi. AU opposition to the International Criminal Court means that Nkurunziza is unlikely to face charges if he steps down or is removed.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2008 ◽  
Vol 11 ◽  
pp. 255-372 ◽  
Author(s):  
Amna Guellali ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

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