In defense of hybridity: Towards a representational theory of international criminal justice

Abstract

Hybrid tribunals are typically presented as the result of pragmatic institutional design choices (tribunal fatigue, no Security Council resolution), or as better transitional justice tools (because of their claimed proximity to the populations involved). In this article I try to elaborate a more principled theory of hybrid tribunals by showing that one of the key functions of international criminal justice, sociologically, is to "represent" the crime and its particular nature. By taking seriously the fact that international crimes are both international and local, hybrid tribunals arguably make better sense of our intuitions about what is at stake.

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