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

International Criminal Law Review, 14(1), 115-147

22 Pages Posted: 21 Mar 2015

See all articles by Tomas Hamilton

Tomas Hamilton

University of Amsterdam - University of Amsterdam Faculty of Law; University of Amsterdam - Rethinking SLIC Project; University of Amsterdam - Amsterdam Center for International Law

Michael Ramsden

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: 2014

Abstract

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 - allegations which are substantial and create, at the least, an appearance of impropriety. The failure of the ECCC and United Nations to adequately address these allegations derived from a hybrid model that did not 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.

Keywords: hybrid tribunals, political interference, judicial independence, Extraordinary Chambers in the Courts of Cambodia, ECCC, international criminal law, international criminal justice, international crime, Khmer Rouge, genocide, Cambodia, graft

Suggested Citation

Hamilton, Tomas and Ramsden, Michael, The Politicisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia (2014). International Criminal Law Review, 14(1), 115-147, Available at SSRN: https://ssrn.com/abstract=2581406

Tomas Hamilton (Contact Author)

University of Amsterdam - University of Amsterdam Faculty of Law ( email )

Postbus 15654
1001 ND
Amsterdam, Noord-Holland 1001 ND
Netherlands

University of Amsterdam - Rethinking SLIC Project ( email )

Nieuwe Achtergracht 166, 1000 BA Amsterdam
Amsterdam

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Michael Ramsden

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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