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“Hybrid” justice at the special court for Sierra Leone

Special Issue Interdisciplinary Legal Studies: The Next Generation

ISBN: 978-1-84950-750-9, eISBN: 978-1-84950-751-6

ISSN: 1059-4337

Publication date: 17 March 2010

Abstract

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.

Citation

Kendall, S. (2010), "“Hybrid” justice at the special court for Sierra Leone", Sarat, A. (Ed.) Special Issue Interdisciplinary Legal Studies: The Next Generation (Studies in Law, Politics, and Society, Vol. 51), Emerald Group Publishing Limited, Bingley, pp. 1-27. https://doi.org/10.1108/S1059-4337(2010)0000051004

Publisher

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Emerald Group Publishing Limited

Copyright © 2010, Emerald Group Publishing Limited