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2 results

  • 10 - Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges

  • from International Influences
  • Edited by Anna Dziedzic, University of Melbourne, Simon N. M. Young, The University of Hong Kong
  • Book:
    The Cambridge Handbook of Foreign Judges on Domestic Courts
    Published online:
    26 October 2023
    Print publication:
    09 November 2023, pp 159-178

  • Summary

    In national courts, it is generally assumed that local judges are best placed to adjudicate and resolve disputes that arise. This reflects a combination of related concerns surrounding sovereignty, domestic legal expertise and a sociological conception of legitimacy that posits that the judiciary should reflect the society within which it operates. Against this background, the use of foreign judges may be regarded with various degrees of scepticism and alarm. This chapter reflects on these concerns by considering the development and practice of hybrid criminal tribunals. Comprising a combination of both local and foreign judges, hybrid criminal tribunals have been established in several states across the world, including Sierra Leone, Lebanon, Bosnia and Herzegovina, Cambodia, and the Central African Republic. This chapter develops our understanding of comparative judicial practice by exploring the history, justifications and challenges of these unique courts.

  • Injuring Family Relations through Gross Violations of International Human Rights and Humanitarian Law

  • Patryk Gacka
  • Journal:
    Israel Law Review / Volume 55 / Issue 3 / November 2022
    Published online by Cambridge University Press:
    16 September 2022, pp. 248-284
    Print publication:
    November 2022

  • Drawing a line between victims and non-victims in the context of gross violations of international humanitarian and international human rights law is not an easy task. On the one hand, mass atrocities lead to widespread victimisation of individuals, groups and communities who suffer from various types of harm and damage incurred in the process of their commission. On the other hand, clearly not every person affected by an ongoing conflict and mass criminality should be considered an injured party. This article addresses such conceptual dilemmas by casting light on the function of family relations as grounds of indirect victimhood. To this end, it identifies two theoretical models of victimhood and showcases how they have been put into practice by international and hybrid courts and tribunals in their respective reparative and punitive regimes.