Book contents
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- Copyright page
- Contents
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Instruments
- Abbreviations
- 1 An Introduction to Foreign Judges on Domestic Courts
- Part I Rationales, Motivations and Design
- Domestic Drivers
- International Influences
- 7 Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo‘Mission Impossible’?
- 8 A Judiciary ‘Suspended’ in Transition? A Case Study of Portuguese Judges in East Timor
- 9 Foreign Judges in International Corruption Missions in Central America
- 10 Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges
- Part II Implications and Impact
- Index
10 - Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges
from International Influences
Published online by Cambridge University Press: 26 October 2023
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- Copyright page
- Contents
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Instruments
- Abbreviations
- 1 An Introduction to Foreign Judges on Domestic Courts
- Part I Rationales, Motivations and Design
- Domestic Drivers
- International Influences
- 7 Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo‘Mission Impossible’?
- 8 A Judiciary ‘Suspended’ in Transition? A Case Study of Portuguese Judges in East Timor
- 9 Foreign Judges in International Corruption Missions in Central America
- 10 Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges
- Part II Implications and Impact
- Index
Summary
In national courts, it is generally assumed that local judges are best placed to adjudicate and resolve disputes that arise. This reflects a combination of related concerns surrounding sovereignty, domestic legal expertise and a sociological conception of legitimacy that posits that the judiciary should reflect the society within which it operates. Against this background, the use of foreign judges may be regarded with various degrees of scepticism and alarm. This chapter reflects on these concerns by considering the development and practice of hybrid criminal tribunals. Comprising a combination of both local and foreign judges, hybrid criminal tribunals have been established in several states across the world, including Sierra Leone, Lebanon, Bosnia and Herzegovina, Cambodia, and the Central African Republic. This chapter develops our understanding of comparative judicial practice by exploring the history, justifications and challenges of these unique courts.
- Type
- Chapter
- Information
- The Cambridge Handbook of Foreign Judges on Domestic Courts , pp. 159 - 178Publisher: Cambridge University PressPrint publication year: 2023