Research Handbook on Transitional Justice
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Research Handbook on Transitional Justice

Edited by Cheryl Lawther, Luke Moffett and Dov Jacobs

Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.
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Chapter 16: Transitional justice and the end of impunity: Hybrid tribunals

Aaron Fichtelberg

Abstract

Hybrid tribunals combine elements of domestic and international justice in an effort to develop a criminal justice response to mass atrocity that has the potential for greater impact than conventional international or domestic courts. This chapter describes some of the basic features of these tribunals and situates them in relation to other institutions and alternative programs of transitional justice. After a discussion of each tribunal’s unique features and some of their major cases, the chapter turns to the central goals of transitional justice, such as ensuring stability, establishing the rule of law and allowing a society to properly process the collective trauma that they have undergone as well as the unique role that some of these tribunals have played in this process. The chapter then examines the extent to which these tribunals provide a promising alternative to other institutions of transitional justice, along with some concerns about the reliance on criminal justice as a tool for transitional justice. Hybrid tribunals; impunity; stability; rule of law; redress

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