Creating the Tribunals
This chapter is a discussion on the political and legal decisions that led to the creation of the different hybrid tribunals. In the case of the Extraordinary Chambers in the Courts of Cambodia (ECCC), the chapter discusses the disputes between the United Nationʼs (UN) representative and the government of Hun Sen over the structure and authority of the ECCC. This dispute involved the precise makeup and jurisdiction of the court as well as the limits of the court’s jurisdiction. In the case of the Special Court for Sierra Leone, it discusses the negotiations between the government of President Kabbah and UN officials, including the issues surrounding amnesty offered by the Lomé Accords. The Serious Crime Process in East Timor involved the creation of the United Nations Transitional Authority in East Timor and the subsequent development of the Special Panel for Serious Crimes as well as the serious crimes unit style to prosecute the offenses. In addition, the Indonesian government created an alternative tribunal, the Human Rights Ad-Hoc Tribunal for East Timor based in Jakarta to prosecute Indonesians accused of crimes during the referendum violence. The Bosnian War Crimes Court was created in order to help the International Criminal Tribunal for the former Yugoslavia carry out its completion process by transferring some of its offenders to Bosnia. Initially, the United Nations Mission in Kosovo proposed a Kosovo War and Ethnic Crimes Court as part of the UN governance of Kosovo. However, after a series of violent attacks, the UN authorities authorized the inclusion of international judges into Kosovo’s extant judicial system.