
Contents
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3.1 Introduction 3.1 Introduction
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3.2 Theoretical Arguments for Regional Transitional Justice Institutions 3.2 Theoretical Arguments for Regional Transitional Justice Institutions
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3.3 A Regional Transitional Justice Trend 3.3 A Regional Transitional Justice Trend
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3.3.1 African Union 3.3.1 African Union
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3.3.2 European Union 3.3.2 European Union
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3.4 Regional Partnerships in Hybrid Courts 3.4 Regional Partnerships in Hybrid Courts
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3.4.1 African Union 3.4.1 African Union
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3.4.1.1 Development of Extraordinary African Chambers in the Courts of Senegal 3.4.1.1 Development of Extraordinary African Chambers in the Courts of Senegal
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3.4.1.2 Development of the Hybrid Court for South Sudan 3.4.1.2 Development of the Hybrid Court for South Sudan
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3.4.1.3 Manifestation of expected regional benefits and interests 3.4.1.3 Manifestation of expected regional benefits and interests
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3.4.2 European Union 3.4.2 European Union
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3.4.2.1 Development of Kosovo Specialist Chambers 3.4.2.1 Development of Kosovo Specialist Chambers
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3.4.2.2 Manifestation of expected benefits and interests 3.4.2.2 Manifestation of expected benefits and interests
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3.5 Implications 3.5 Implications
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Cite
Abstract
International collaboration in the first wave of hybrid courts followed a consistent pattern: the international partner in each instance was the United Nations (UN). The second wave of hybrid courts evinces a significant change in this configuration. For the first time, two of the three new hybrid courts have been structured as partnerships with regional organizations, the African Union (AU) and the European Union (EU). An additional proposed hybrid tribunal for South Sudan is also being developed as a regional partnership with the AU. From the perspective of the history of hybrid courts, this marks an abrupt change. However, this regional engagement in hybrid tribunals is an expression of a long-term trend towards the development of regional commitments to transitional justice and international criminal law (ICL). The EU and the AU, as well as other regional organizations, have supported various transitional justice endeavours. This chapter assesses the trend towards regional commitments to transitional justice and ICL and the theoretical arguments for regional transitional justice institutions. It then evaluates the engagement of regional actors in the Kosovo Specialist Chambers and Special Prosecutor’s Office (KSC), the Extraordinary African Chambers in the Courts of Senegal (EAC), and the proposed Hybrid Court for South Sudan (HCSS) in light of these trends and arguments.
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