Scholarship tends to consider East Timor Special Panels for Serious Crimes, Kosovo Regulation 64 Panels, Special Court for Sierra Leone and Cambodian Extraordinary Chambers, as a separate category of tribunals, because are composed of staff of the State where they are located, and of foreign one; and because have jurisdiction on crimes under international and domestic law. However, each tribunal has its own balance between domestic and international components in its structure and jurisdiction. These organs should thus be assimilated taking into account other elements. On a formal level, all of them are domestic, since their judicial activity bears on interindividual rather than on interstate relations, as it produces internal legal obligations. On a substantive level, they exercise a function within the international order (as they purport to protect core community values), being linked with post-conflict peace-building activities undertaken by the UN where they are set up.

I tribunali penali misti

CIMIOTTA, EMANUELE
2009

Abstract

Scholarship tends to consider East Timor Special Panels for Serious Crimes, Kosovo Regulation 64 Panels, Special Court for Sierra Leone and Cambodian Extraordinary Chambers, as a separate category of tribunals, because are composed of staff of the State where they are located, and of foreign one; and because have jurisdiction on crimes under international and domestic law. However, each tribunal has its own balance between domestic and international components in its structure and jurisdiction. These organs should thus be assimilated taking into account other elements. On a formal level, all of them are domestic, since their judicial activity bears on interindividual rather than on interstate relations, as it produces internal legal obligations. On a substantive level, they exercise a function within the international order (as they purport to protect core community values), being linked with post-conflict peace-building activities undertaken by the UN where they are set up.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11573/195733
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