Reasons and Legal Bases of Establishing Hybrid (Internationalized) Criminal Courts from the National and International Perspective

• Main Authors: Hossein Mirmohammad Sadeghi, Ali Rahmati
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
• Subjects: hybrid courts; reasons for establishing; legal bases of establishing; United Nations; International Criminal Court
• Online Access: http://jclr.atu.ac.ir/article_9412_e47753bd4c489e5ba8a00ec151c64d1e.pdf

The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.