Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Table of Cases
- Table of Treaties and other International Instruments
- Table of Abbreviations
- PART A INTRODUCTION
- PART B PROSECUTIONS IN NATIONAL COURTS
- PART C INTERNATIONAL PROSECUTIONS
- 6 The History of International Criminal Prosecutions: Nuremberg and Tokyo
- 7 The ad hoc International Criminal Tribunals
- 8 The International Criminal Court
- 9 Other Courts with International Elements
- PART D SUBSTANTIVE LAW OF INTERNATIONAL CRIMES
- PART E PRINCIPLES AND PROCEDURES OF INTERNATIONAL PROSECUTIONS
- PART F RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL SYSTEMS
- Index
- References
9 - Other Courts with International Elements
Nuremberg and Tokyo
from PART C - INTERNATIONAL PROSECUTIONS
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Table of Cases
- Table of Treaties and other International Instruments
- Table of Abbreviations
- PART A INTRODUCTION
- PART B PROSECUTIONS IN NATIONAL COURTS
- PART C INTERNATIONAL PROSECUTIONS
- 6 The History of International Criminal Prosecutions: Nuremberg and Tokyo
- 7 The ad hoc International Criminal Tribunals
- 8 The International Criminal Court
- 9 Other Courts with International Elements
- PART D SUBSTANTIVE LAW OF INTERNATIONAL CRIMES
- PART E PRINCIPLES AND PROCEDURES OF INTERNATIONAL PROSECUTIONS
- PART F RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL SYSTEMS
- Index
- References
Summary
Introduction
The increased concern to combat impunity for international crimes has resulted not only in the creation of international criminal tribunals and courts, but also in other forms of international assistance to the States concerned. There are various reasons for avoiding resort to a new international tribunal. International institutions like the ICTY and the ICTR tend to be large and expensive; calls for similar tribunals have been unsuccessful. Their capacity is limited to a few cases and they have hitherto been located away from the State in question for security or other reasons. In a number of cases, therefore, an alternative has been preferred: the creation of criminal courts with national and international elements.
The models developed for Sierra Leone, Kosovo, East Timor, Cambodia and Bosnia and Herzegovina are described in this chapter. The special courts in Iraq and Serbia are briefly mentioned, as well as one internationalized court (Lebanon) and one domestic court established for a particular trial (the Lockerbie trial). The creation of other such courts has been proposed.
Each of the models is different, as were their political backgrounds and the legal bases for establishing them. In Sierra Leone and Cambodia, the conflicts were a civil war and persecution by a murderous regime respectively, and the courts result from an agreement between the United Nations and the post-conflict government.
- Type
- Chapter
- Information
- An Introduction to International Criminal Law and Procedure , pp. 181 - 200Publisher: Cambridge University PressPrint publication year: 2010
References
and (eds.), New Approaches in International Criminal Justice: Kosovo, East Timor, Sierra Leone and Cambodia (Freiburg i. Br, 2003).
, and (eds.), Les jurisdictions pénales internationalisées (Cambodge, Kosovo, Sierra Leone, Timor Leste) (Paris, 2006).
(ed.), Post-Conflict Justice (New York, 2002).
and , ‘The Special Court for Sierra Leone: An Initial Comment’ (2001) 14 Leiden Journal of International Law635.CrossRefGoogle Scholar
, ‘Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation’ (2001) 70 Nordic Journal of International Law461.CrossRefGoogle Scholar
, ‘The Domestic Influence of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia & Herzegovina’ (2008) 46 Columbia Journal of Transnational Law279.Google Scholar
, ‘A “Special Court” for Sierra Leone’ (2001) 50 International and Comparative Law Quarterly435.CrossRefGoogle Scholar
, ‘The Cambodian Khmer Rouge Tribunal: The Promise of a Hybrid Tribunal’ (2004) 5 Melbourne Journal of International Law462.Google Scholar
, ‘Cambodia, East Timor and Sierra Leone: Experiments in International Justice’ (2001) 12 Criminal Law Forum414.CrossRefGoogle Scholar
, ‘New Mechanisms for the Enforcement of International Humanitarian Law’ (2001) 95 American Journal of International Law934.CrossRefGoogle Scholar
, and (eds.), Internationalized Criminal Courts – Sierra Leone, East Timor, Kosovo, and Cambodia (Oxford, 2004).CrossRef
, ‘Collapse and Reconstruction of a Judicial System: The United Nations Missions in Kosovo and East Timor’ (2001) 95 American Journal of International Law46.CrossRefGoogle Scholar
, ‘The Question of Charles Taylor's Immunity’ (2004) 2 Journal of International Criminal Justice1118.Google Scholar
, ‘The Compact Model In International Criminal Justice: The Special Court for Sierra Leone’ (2008) 57 Drake Law Review11.Google Scholar
, ‘The Cambodian Extraordinary Chambers: A Dangerous Precedent for International Justice?’ (2004) 53 International and Comparative Law Quarterly227Google Scholar
, ‘Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers’ (2006) 4 Journal of International Criminal Justice314.Google Scholar
and , ‘The Disempowerment of Human Rights-Based Justice in the United Nations Mission in Kosovo’ (2003) 16 Harvard Human Rights Journal95Google Scholar
, ‘Justice under Transitional Administration: Contours and Critique of a Paradigm’ (2005) 27 Houston Journal of International Law311.Google Scholar
, ‘Current Developments in Internationalized Courts: East Timor – Justice Denied’ (2004) 2 Journal of International Criminal Justice910.Google Scholar
, ‘Prosecuting Atrocities at the District Court of Dili’ (2001) 2 Melbourne Journal of International Law414Google Scholar
and , ‘The Evolving Jurisprudence and Practice of East Timor's Special Panels for Serious Crimes on Admission of Guilt, Duress and Superior Orders’ (2001) 4 Yearbook of International Humanitarian Law1Google Scholar
, ‘The 1999 Crisis in East Timor and the Threshold of the Law on War Crimes’ (2002) 13 Criminal Law Forum409Google Scholar
and , ‘The Current Law of Crimes Against Humanity: An Analysis of UNTAET Regulation 15/2000’ (2002) 13 Criminal Law Forum1Google Scholar
, ‘Murder as a Crime against Humanity in International Law: Choice of Law and Prosecution of Murder in East Timor’ (2003) 11 European Journal of Crime, Criminal Law and Criminal Justice40.Google Scholar
, ‘Unravelling the First Three Trials at Indonesia's Ad Hoc Court for Human Rights Violations in East Timor’ (2004) 17 Leiden Journal of International Law303Google Scholar
, ‘Referring an indictment from the ICTY and ICTR to another court – Rule 11bis and the consequences for the law of extradition’ (2006) 55 International and Comparative Law Quarterly219Google Scholar
, ‘The Iraqi Special Tribunal for Crimes against Humanity’ (2004) 54 International and Comparative Law Quarterly237Google Scholar
, ‘Post-Conflict Justice in Iraq: An Appraisal of the Iraq Special Tribunal’ (2005) 38 Cornell International Law Journal327.Google Scholar
, ‘The Statute of the Iraqi Special Tribunal’ in and (eds.), Testing the Boundaries of International Humanitarian Law (London, 2006) 155–89.Google Scholar
, ‘The Iraqi Special Tribunal and the Crime of Aggression’ (2004) 2 Journal of International Criminal Justice347Google Scholar
, ‘Prosecuting Saddam: The Coalition Provisional Authority and the Evolution of the Iraqi Special Tribunal’ (2005) 38 Cornell International Law Journal899.Google Scholar
and , ‘Was the Dujail Trial Fair?’ (2007) 5 Journal of International Criminal Justice272Google Scholar
and , ‘Ceding the High Ground: the Iraqi High Criminal Court Statute and the Trial of Saddam Hussein’ (2006–2007) 39 Case Western Reserve Journal of International Law21Google Scholar
, ‘Implementing International Law: A Qualified Defense of the Al Dujail Trial’ (2006) 9 Yearbook of International Humanitarian Law117Google Scholar
, ‘Fatal Errors: The Trial and Appeal Judgments in the Dujail Case’ (2008) 6 Journal of International Criminal Justice39Google Scholar
, ‘A Critical Guide to the Iraqi High Tribunal's Anfal Judgment: Genocide against the Kurds’ (2009) 30 Michigan Journal of International Law305Google Scholar
and , Enemy of the State (New York, 2008).
, ‘Coming to Terms with Its Past: Serbia's New Court for the Prosecution of War Crimes’ (2004) 22 Berkeley Journal of International Law165Google Scholar
, ‘The Lockerbie “Extradition By Analogy” Agreement: “Exceptional Measure” or Template for Transnational Criminal Justice?’ (2002) 18 American University International Law Review163.Google Scholar
, ‘The Geometry of Transitional Justice: Choices of Institutional Design’ (2005) 18 Leiden Journal of International Law425 at 462–5.Google Scholar
, ‘Sudan, Resolution 1593, and International Criminal Justice’ (2006) 19 Leiden Journal of International Law195Google Scholar
, ‘Seeing Justice Done: the Importance of Prioritizing Outreach Efforts at International Criminal Tribunals’ (2008) 39 Georgetown Journal of International Law445.Google Scholar