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.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.