
Contents
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9.1 Introduction 9.1 Introduction
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9.2 ‘Hybrid’ Tribunals 9.2 ‘Hybrid’ Tribunals
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9.3 Legitimacy 9.3 Legitimacy
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9.4 Rationales—International v National Composition 9.4 Rationales—International v National Composition
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9.4.1 National judges and staff 9.4.1 National judges and staff
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9.4.1.1 Mitigating measures 9.4.1.1 Mitigating measures
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9.4.2 International judges and staff 9.4.2 International judges and staff
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9.4.3 Mixed composition of tribunals 9.4.3 Mixed composition of tribunals
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9.5 Composition of Hybrid Tribunals—SCC, KSC, HCSS, SCSL, ECCC 9.5 Composition of Hybrid Tribunals—SCC, KSC, HCSS, SCSL, ECCC
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9.5.1 Considerations regarding legitimacy and resilience 9.5.1 Considerations regarding legitimacy and resilience
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9.6 Breaking Down ‘National’ and ‘International’ Components 9.6 Breaking Down ‘National’ and ‘International’ Components
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9.6.1 Composition of the national component 9.6.1 Composition of the national component
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9.6.2 Composition of international component, and regionalization 9.6.2 Composition of international component, and regionalization
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9.6.3 Between the national and the international 9.6.3 Between the national and the international
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9.6.4 Quality control and gender representation 9.6.4 Quality control and gender representation
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9.7 Conclusion 9.7 Conclusion
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9 Striking the Right Balance: Impact of the Nationality of Judges/Staff on the Legitimacy of Recent Hybrid Tribunals
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Published:January 2025
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Abstract
The Special Criminal Court (SCC) in the Central African Republic (CAR), a ‘hybrid’ tribunal wholly grounded within the national justice system, has a majority of national judges and nationals in key staff positions. At the opposite end of the spectrum, the Kosovo Specialist Chambers (KSC), by design, has no national judges or staff. In the middle there are uneasy compromises—the proposed Hybrid Court for South Sudan (HCSS), as well as several of the first-wave of hybrids such as the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC). Against the backdrop of these two opposite models, and by looking at case studies from several tribunals, this chapter examines the rationales for including and for excluding national judges and staff in hybrid tribunals, with an emphasis on the question of legitimacy, and the effects of these choices on internal and external resilience. The chapter also breaks down the national and international components of hybrid tribunals, with an emphasis on the effects of the regionalization of the composition of judges and staff on the legitimacy of recently created tribunals, as well as on other questions relating to personnel who fall between the narrow ‘national’ and ‘international’ categories, such as those from the diaspora.
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