Scholarship tends to consider East-Timorese Special Panels for Serious Crimes, Kosovarian Regulation 64 Panels, Special Court for Sierra Leone and Cambodian Extraordinary Chambers, as a separate familiy of tribunals, because they are composed both of judges of the State where they are located, and of foreign ones; and because they have jurisdiction on international and national crimes. However, each tribunal has its own degree of internationalization. Thus, these organs should be taken together on other grounds. On a formal level, all of them are domestic, since their judicial activity bears on the interindividual rather than on the interstate relations, as it produces internal legal obligations. On a substantive level, they exercise a function within the international order (as they aim at protecting core community interests), being part of the post-conflict peace-building activities the UN carries out in the territories where they are established.

Sull’inquadramento giuridico dei tribunali penali misti

CIMIOTTA, EMANUELE
2010

Abstract

Scholarship tends to consider East-Timorese Special Panels for Serious Crimes, Kosovarian Regulation 64 Panels, Special Court for Sierra Leone and Cambodian Extraordinary Chambers, as a separate familiy of tribunals, because they are composed both of judges of the State where they are located, and of foreign ones; and because they have jurisdiction on international and national crimes. However, each tribunal has its own degree of internationalization. Thus, these organs should be taken together on other grounds. On a formal level, all of them are domestic, since their judicial activity bears on the interindividual rather than on the interstate relations, as it produces internal legal obligations. On a substantive level, they exercise a function within the international order (as they aim at protecting core community interests), being part of the post-conflict peace-building activities the UN carries out in the territories where they are established.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11573/168346
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