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Restructuring Hybrid Courts: Local Empowerment and National Criminal Justice Reform

By Ethel Higonnet

Abstract

This paper explores the successes and failure of existing hybrids, evaluates the structural and theoretical advantages and disadvantages of the hybrid model, and outlines the flaws of international ad hocs that hybrids can remedy. In theory at least, hybrids can draw upon the strengths of international justice and the benefits of local prosecutions. However, in order to live up to their full potential, hybrids must be restructured to place more value in local expertise, connect better with local populations, and help rebuild local judicial systems If they are embedded into local justice systems, and their mandates are broadened to focus on local justice reform/rebuilding, hybrids have the potential to anchor justice mechanisms into local culture, genuinely altering cycles of impunity by changing local judicial institutions in a sustainable way. The hybrid model can thus move beyond retributive justice and foster a culture of accountability

Topics: Criminal Law and Procedure, Human Rights Law, International Law, Criminal Law, Human Rights Law, International Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2005
OAI identifier: oai:digitalcommons.law.yale.edu:student_papers-1005
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