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

The Concept of Hybrid Courts Revisited: The Case of the Kosovo Specialist Chambers 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

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

International Criminal Law Review , Volume 18 (4): 32 – Nov 10, 2018

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/15718123-01804008
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

International Criminal Law ReviewBrill

Published: Nov 10, 2018

There are no references for this article.