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Begin New Search Topic International Law Author Johanna Herman

1. Hybrid Tribunals and the Rule of Law: Notes from Bosnia and Herzegovina and Cambodia

Author:
Johanna Herman and Olga Martin
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the establishment of the international ad hoc tribunals, the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR respectively), a new model of justice administration emerged at the end of the 1990s through the development of hybrid or internationalised courts. Hybrid tribunals are conceived as a mixture of international and domestic law and staff, as a way to provide the necessary resources and guarantees for justice closer to those whose work matters to most. They have different compositions and legal frameworks depending on the context of the country. The first ones were established in Kosovo, Timor Leste and Sierra Leone These first hybrid mechanisms were seen as a new experiment for international justice.
Topic:
Conflict Resolution, Human Rights, and International Law
Political Geography:
Bosnia, Kosovo, and Balkans

2. Reaching for Justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia

Author:
Johanna Herman
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is the first international or internationalised tribunal to include the participation of victims as Civil Parties during the trial. There was a steep learning curve regarding management of victims' involvement in the first trial. There was initially insufficient funding allocated to support victims' participation, with late establishment and understaffing of victim support at the ECCC. Cambodian non-governmental organisations (NGOs) have proved instrumental in ensuring the submission of Civil Party applications, legal representation and other forms of support for Civil Parties throughout the process and played a pivotal role in outreach activities. Donors should consider financing NGO and civil society activities that support victim participation, in order to maximise the impact of the significant expenditures they are often allocating to the ECCC. The challenges and successes of the first trial provide lessons not only for future ECCC cases but also for other courts concerning the participation of victims such as the International Criminal Court.
Topic:
Conflict Resolution, Human Rights, and International Law
Political Geography:
Cambodia and Southeast Asia