
Contents
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5.1 Introduction 5.1 Introduction
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5.2 Primary Arguments 5.2 Primary Arguments
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5.3 Definitions 5.3 Definitions
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5.4 Historical Continuum 5.4 Historical Continuum
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5.5 Concurrent Support, Acquiescence, and Dissent 5.5 Concurrent Support, Acquiescence, and Dissent
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5.5.1 First wave hybrid courts 5.5.1 First wave hybrid courts
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5.5.2 Second wave hybrid courts 5.5.2 Second wave hybrid courts
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5.6 Key Issues: Internal and External Resilience 5.6 Key Issues: Internal and External Resilience
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5.7 Conclusion 5.7 Conclusion
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5 Dissent in International Criminal Justice and the Creation and Re-emergence of the Hybrid Court
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Published:January 2025
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Abstract
Various manifestations of dissent in international criminal justice are illustrated in the original establishment and now re-emergence of the hybrid court model. State responses to international criminal justice can be divided into three categories: support, acquiescence, and dissent. This chapter looks at the tension between these three viewpoints and modes of action on a historical continuum marking the trajectory of international criminal justice but also as comprising former and current conflicting views on international hybrid justice. The chapter discusses how dissenting responses can be defined, where they are illustrated, and what impact they have had on the work of international courts and tribunals, particularly modern hybrid courts. Whilst the International Criminal Court (ICC) commenced its work with general support, as time has progressed, there has been a shift from support to acquiescence and now finally open dissent. This chapter looks at how these developments and this dissent has inspired the re-emergence of hybrid justice and how the lessons learned from the ICC and earlier models of hybrid justice may assist these future justice responses. The chapter further analyses how the original dissent which created the earlier hybrid tribunals, namely the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), is distinct from the more recent dissent and discusses the reasons for this distinction. Through this, the notion of dissent is tied to the internal politics of post-conflict states and their open and veiled responses to hybrid justice.
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