Lund University, Just and Durable Peace (JAD-PbP)

The research project Just and Durable Peace by Piece (JAD-PbP) funded by the EU seventh framework programme, aims to shed new theoretical and conceptual light on the problematique of building just and durable peace. It examines the effectiveness of general peacebuilding strategies and evaluates to what extent they enhance self-sustainable peace. In addition, it analyses and compares EU's peacebuilding strategies in the Western Balkans and the Middle East.

Telephone: +46 46 222 49 23
Email: karin.aggestam@svet.lu.se
Lund University, Box 117
SE-221 00 Lund
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Policy and Research Papers

Hybrid Tribunals & the Rule of Law: Notes from Bosnia & Herzegovina & Cambodia

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. This paper looks at the two most recent tribunals, the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the War Crimes Chamber in the State Court of Bosnia and Herzegovina (WCC) and examines their practice related to the expectations that hybrid tribunals have raised in terms of peacebuilding. Based on the authors’ fieldwork in Bosnia and Herzegovina and Cambodia, this paper focuses particularly on the tribunals’ impact on the rebuilding of the rule of law, the strengthening of public institutions in the countries in which they operate and the perception of the public of their work. It considers the experience of the tribunals so far, problems and ongoing challenges in order to draw some lessons which can impact both their future work and other potential tribunals in post-­‐conflict settings.

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