The Politicisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia

in International Criminal Law Review
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The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substantial and even if not always verifiable at least create an appearance of impropriety. The failure of the ECCC and United Nations to adequately address these allegations derived from a hybrid model that failed to provide sufficient safeguards against interference. The international community agreed on a solution to secure accountability with awareness that the trials were likely to be politically tainted. As such, the experiment in Cambodia provides a cautionary tale for the future design of hybrid tribunals.

The Politicisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia

in International Criminal Law Review

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References

14

Mike Eckel‘Cambodia’s Kangaroo Court’Foreign Policy (20 July 2011); Hanna Bertelman ‘International Standards and National Ownership? Judicial Independence in Hybrid Courts: The Extraordinary Chambers in the Courts of Cambodia’ 79(3) Nordic Journal of International Law (2010) 341–382 p. 379.

30

Human Rights Watchsupra note 25.

41

Ellissupra note 37 at 25.

57

Ellissupra note 37.

62

Nuon Cheasupra note 59 at 4.

68

Bertelmansupra note 14.

80

Universal Charter of the Judge 1999.

103

ECCC Pre-Trial Chambersupra note 102 at p.41.

118

Cambodian Government (1997) Letters dated 23 June 1997 from the Secretary-General addressed to the President of the General Assembly and to the President of the Security Council 24 June 1997 A/51/930.

121

Ciorciarisupra note 114 at 66.

122

Scheffersupra note 111.

129

Resolution 57/228supra note 125.

132

Ciorciarisupra note 114.

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