Abstract
The Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers for Cambodia (ECC) represent a departure from the model established by the International Criminal Tribunal for the former Yygoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The SCSL and the ECC have often been referred to as “mixed” or “hybrid” tribunals in which there are significant domestic and international components. The tribunals include a combination of domestic and international judges, utilize domestic and international laws and are administered by a prosecutorial team composed of domestic and international lawyers. Many of these institutional changes have been brought about because of criticisms of the ICTY and the ICTR. The fundamental question of this article is whether these mixed tribunals are a more effective mechanism for providing justice and reconciliation than purely international solutions. This is an important question because both the international community and states are moving in the direction of mixed tribunals.
Similar content being viewed by others
References
Amann, Diane Marie. 2001. “Calling Children to Account: The Proposal for a Juvenile Chamber in the Special Court for Sierra Leone.” Pepperdine Law Review 29:167–185.
Bald, Stephanie. 2002. “Searching for a Lost Childhood: Will the Special Court of Sierra Leone Find Justice for Its Children?” American University International Law Review 18:537–583.
Barria, Lilian A., and Steven D. Roper. 2005. “How Effective are International Criminal Tribunals? An Analysis of the ICTY and the ICTR.” International Journal of Human Rights 9:349–368.
Cerone, John. 2002. “The Special Court for Sierra Leone: Establishing a New Approach to International Criminal Justice.” ILSA: The Journal of International & Comparative Law 8:379–387.
Chandler, David. 1992. A History of Cambodia. 2nd Edition. Boulder, CO: Westview Press.
Cook, Susan E. 2001. “Prosecuting Genocide in Cambodia: The Winding Path Towards Justice.” Crimes of War Magazine. http://www.crimesofwar.org/tribun-mag/cambodia_print.html (24 April 2004).
Cryer, Robert. 2001. “A ‘Special Court’ for Sierra Leone?” The International and Comparative Law Quarterly 50:435–446.
De Nike, Howard J., John Quigley, and Kenneth J. Robinson, eds. 2000. Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary. Philadelphia, PA: University of Pennsylvania Press.
Fritz, Nicole, and Alison Smith. 2001. “Current Apathy for Coming Anarchy: Building the Special Court for Sierra Leone.” Fordham International Law Journal 25:391–430.
Gallagher, Karen 2000. “No Justice, No Peace: The Legalities and Realities of Amnesty of Sierra Leone.” Thomas Jefferson Law Review 23:149–198.
Heder, Stephen, and Brian D. Tittemore. 2001. Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge. Washington, DC War Crimes Research Office, American University.
Hirsch, John L. 2001. Sierra Leone: Diamonds and the Struggle for Democracy. Boulder, CO: Lynne Rienner Publishers.
ICG. 2002. Sierra Leone's Truth and Reconciliation Commission: A Fresh Start? 20 December.
Jarvis, Helen. 2002. “Trials and Tribulations: The Latest Twist in the Long Quest for Justice for the Cambodian Genocide.” Critical Asian Studies 34 (Winter): 607–624.
Kamm, Henry. 1998. Cambodia: Reports from a Stricken Land. New York, NY: Arcade Publishing.
Kiernan, Ben. 1996. The Pol Pot Regime: Race, Power, and Genocide in Cambodia Under the Khmer Rouge, 1975–1979. New Haven, CT: Yale University Press.
Kiernan, Ben. 2002. “Introduction: Conflict in Cambodia, 1945–2002.” Critical Asian Studies 34 (Winter): 483–495.
Kritz, Neil J. 1996. “Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights.” Law & Contemporary Problems 59:127–131.
Linton, Suzannah. 2001. “Cambodia, East Timor and Sierra Leone: Experiments in International Justice.” Criminal Law Forum 12:185–246.
Mayall, James. 1996. The New Interventionism 1991–1994: United Nations Experience in Cambodia, former Yugoslavia and Somalia Cambridge, UK: Cambridge University Press.
McDonald, Avril. 2002. “Sierra Leone's Shoestring Special Court.” International Review of the Red Cross 84:121–142.
Maculuso, Daniel J. 2001. “Absolute and Free Pardon: The Effect of the Amnesty Provision in the Lomé Peace Agreement on the Jurisdiction of the Special Court for Sierra Leone.” Brooklyn Journal of International Law 27:347–381.
Pringle. John. 2004. “Meanwhile: The Quiet Retirement of Pol Pot's Cronies.” International Herald Tribune (17 April).
Ratner, Steven R., and Jason S. Abrahms. 2001. Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. Oxford: Oxford University Press.
United Nations Legal Council. 2002. Negotiations between the UN and Cambodia Regarding the Establishment of the Court to Try Khmer Rouge Leaders: Statement by UN Legal Counsel Hans Corell.
United Nations Doc. 2000. Report of the Secretary-General on the Establishment of a Special Court for Sierra Leone. UN SCOR. 52nd Sess., Doc. S/2000/915.
Rights and permissions
About this article
Cite this article
Barria, L.A., Roper, S.D. Providing justice and reconciliation: The criminal tribunals for Sierra Leone and Cambodia. Hum Rights Rev 7, 5–26 (2005). https://doi.org/10.1007/s12142-005-1000-5
Issue Date:
DOI: https://doi.org/10.1007/s12142-005-1000-5