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Reporting Justice

II/3: Adhoc & Int’l Tribunals

II/3: Adhoc & Int’l Tribunals

Judicial Module 3:  Adhoc International and Hybrid Tribunals

In this module we will examine the work of the two ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia and the hybrid tribunals that followed in their wake.  We will look at the difficulties the ad hoc tribunals faced in their early years and how they attempted to over come them.  We will examine the “lessons learned” from the ad hocs and how the hybrid courts tried to learn from their mistakes.

Key Questions:

What are the differences between the adhoc international tribunals and hybrid tribunals?

What clash took place between the families of the missing and the International Criminal Tribunal for the former Yugoslavia at the exhumation of the mass graves following the Srebrenica massacre?

What is the purpose of “outreach” and why is it important for tribunals to maintain and support such programs?

Film (to be viewed in class):

“Calling the Ghosts”: The story of Balkan rape victims and their struggle for justice.

Required Readings (and Watching):

Robin Geiss and Noemie Bulinckx, “International and Internationalized Criminal Tribunals:  A Synopsis,” International Review of the Red Cross 88 (March 2006):  49-57, available at http://www.icrc.org/eng/resources/documents/article/review/review-861-p49.htm.

Miko Klarin, “The Tribunal’s Four Battles,” Journal of International Criminal Justice 2 (2004):  546-557.

Eric Stover and Rachel Shigekane, “The Missing in the Aftermath of War:  When Do the Needs of Victims’ Families and International War Crimes Tribunals Clash?”  International Review of the Red Cross 84 (December 2002):  845-865, available at http://www.icrc.org/eng/resources/documents/misc/5hvhxl.htm.

Victor Peskin, “Courting Rwanda:  The Promise and Pitfalls of the ICTR Outreach Programme,” Journal of International Criminal Justice 3 (2005): 950-961.

Sigall Horovitz, “Transitional Criminal Justice in Sierra Leone,” in Naomi Roht-Arriaza and Javier Mariezcurrena (eds), Transitional Justice in the Twenty-First Century:  Beyond Truth versus Justice (New York:  Cambridge University Press, 2006): 43-61.

Prof. Sir Geoffrey Nice QC, “The end of Slobodan Milošević”, available at http://www.gresham.ac.uk/lectures-and-events/the-end-of-slobodan-milo%C5%A1evi%C4%87.

Maurice Copithorne, “The Promises and Limits of International Criminal Justice: The ‘Extraordinary Chambers’ in Cambodia,” available at http://www.iar.ubc.ca/centres/csear/PDF2/present-copithorne2.pdf  (featuring remarks made during a roundtable discussion, which discuss various models of ad hoc tribunals and hybrid justice).

Selected Online Resources:

International Criminal Tribunal for the former Yugoslavia, available at http://www.icty.org

International Criminal Tribunal for Rwanda, available at  http://www.un.org/ictr

Special Court for Sierra Leone, available at http://www.sc-sl.org

Extraordinary Chambers in the Courts of Cambodia, available at http://www.eccc.gov.kh

East Timor (Special Panels of the Dili District Court), available at http://www.un.org/en/peacekeeping/missions/past/etimor/etimor.htm (this is the official archived website for the United Nations Transitional Administration in East Timor, which created the tribunal).

Special Tribunal for Lebanon, available at http://www.trial-ch.org/index.php?id=915&L=5.

Kosovo War and Ethnic Crimes Court (site providing information about the court), available at http://www.trial-ch.org/index.php?id=915&L=5.

Documentation Center of Cambodia, available at http://www.dccam.org.

Cambodia Tribunal Monitor, available at  http://www.cambodiatribunal.org.