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Lessons from Hybrid Tribunals

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Lessons from Hybrid Tribunals INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE Committing to Justice for Serious Human Rights Violations Lessons from Hybrid Tribunals RESEARCH REPORT Elena Naughton Acknowledgments This report was prepared over several years and required the help and support of many people. Early on, when this project was getting started, important research and drafting contributions were provided by Nieri Avanessian, Emily Bell, Ketaki Purohit, Francesca Mauri, Sarah Jung, and Emma Fishman. Giordana Pepe and Eric Bias showed great attention to detail when completing the many tasks required to finalize the report. The author would most especially like to thank Anna Myriam Roccatello for taking up and spearheading this project and believing in it throughout. A special mention to David Tolbert, who so generously gave of his time on a number of occasions, sharing his insights and experiences, reviewing the lengthy manuscript, and providing invaluable nuance. About the Author Elena Naughton is a program expert for ICTJ. She has contributed to projects examining reparations, criminal justice, and truth-seeking mechanisms in post-conflict settings, such as Uganda, Nepal, and Sierra Leone, and has conducted training workshops relating to the specialized chambers in Tunisia and for victims and civil society organizations in Nepal and northern Uganda. She earned a J.D. and LL.M. at New York University School of Law. About ICTJ The International Center for Transitional Justice works across society and borders to challenge the causes and address the consequences of massive human rights violations. We affirm victims’ dignity, fight impunity, and promote responsive institutions in societies emerging from repressive rule or armed conflict as well as in established democracies where historical injustices or systemic abuse remain unresolved. ICTJ envisions a world where societies break the cycle of massive human rights violations and lay the foundations for peace, justice, and inclusion. For more information, visit www.ictj.org ©2018 International Center for Transitional Justice. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without full attribution. II Hybrid Tribunals Contents Forward ..............................................................................................................................................................1 Abbreviations .....................................................................................................................................................3 Introduction .......................................................................................................................................................5 A Hybrid Model of Justice ................................................................................................................................... 5 Hybrid Tribunals in Context ................................................................................................................................6 Why a Hybrid Court? ............................................................................................................................................9 The Purpose of This Report ............................................................................................................................... 10 Part 1: Waiting on Justice: The Timeline for Creating a Hybrid Court ....................................................... 15 How Long Before a Hybrid Tribunal is Fully Operational? ...........................................................................15 Timor-Leste ...........................................................................................................................................................17 Sierra Leone .........................................................................................................................................................20 Cambodia ............................................................................................................................................................. 23 Lebanon ................................................................................................................................................................ 25 Bosnia and Herzegovina ....................................................................................................................................26 Part 2: Bringing Cases to Trial: Prosecutorial Policy (or Strategy) at Hybrid Courts ................................ 29 Prosecutorial Policy (or Strategy) at Hybrid Tribunals .................................................................................30 The Mapping Process at Hybrid Tribunals .......................................................................................................31 What Criteria Were Used? .................................................................................................................................34 How Public Were the Criteria? ..........................................................................................................................51 How Detailed Can and Should These Criteria Be? ........................................................................................ 52 Part 3: Organizing the Court: Structure, Staffing, and their Challenges ....................................................55 Organizational Structures of Hybrid Courts .................................................................................................. 55 Staffing and Recruitment ................................................................................................................................... 57 Total Staff at Hybrid Tribunals ..........................................................................................................................58 How Much of the Staff Is Usually National? ..................................................................................................58 How Are Staff for Key Positions Recruited and Selected: Judges? ........................................................... 60 Public Prosectors .................................................................................................................................................69 Defense Office ......................................................................................................................................................71 Registrar ...............................................................................................................................................................74 Challenges ............................................................................................................................................................76 Hybrid Tribunals III II Part 4: Protecting Witnesses and Victims: Security and Support at Hybrid Courts ................................. 79 Security .................................................................................................................................................................79 Protection and Support of Witnesses and Victims ........................................................................................81 Who Is Entitled to These Measures? ................................................................................................................82 What Types of Measures Have Been Provided? ............................................................................................83 How Effecitve Are Hybrid Tribunals at Providing Protection and Support? .............................................86 Part 5: The Cost of Justice: Financing Hybrid Processes ............................................................................. 93 How Have Hybrid Tribunals Been Funded? ...................................................................................................93 Budgeting at Hybrid Courts ..............................................................................................................................95 Conclusion ......................................................................................................................................................107 Appendix A .................................................................................................................................................... 109 Appendix B ......................................................................................................................................................113 Appendix C ..................................................................................................................................................... 119 Appendix D ......................................................................................................................................................121 References ...................................................................................................................................................... 123 IV Hybrid Tribunals Lead counsel representing the interests of Assad Hassan Sabra makes closing argument on September 21, 2018. (Special Tribunal for Lebanon) Forward ragically, large-scale atrocity crimes continue to be committed with frequency and intensity in many locations around the globe. Experience shows that the number of such crimes
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