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At the turn of this cen­tury, a number of hy­brid courts were es­ta­blished to pro­secute the most severe crimes com­mit­ted in war­ring and post-conflict societies. It was hoped that the de­cisions would be viewed as more le­gi­ti­mate and the courts could be more ef­ficient through local inte­gration rather than the use of purely inter­national criminal courts. However, inter­ference by local elites, re­cur­rent fun­ding short­falls and a lack of owner­ship by inter­national actors quickly cooled en­thusiasm for hybrid criminal pro­se­cution. Since 2013, however, a new gen­eration of hybrid in­sti­tutions has been es­tablished. Lisbeth Zimmermann looks at what has been learned from the mis­takes of the first gen­eration, and what sig­ni­fi­cance hybrid courts could have in the future.

At the turn of this century, a number of hybrid courts were established to prosecute the most severe crimes com­mit­ted in war­ring and post-conflict societies. It was hoped that the de­cisions would be viewed as more le­gi­ti­mate and the courts could be more ef­ficient through local inte­gration rather than the use of purely inter­national criminal courts. However, inter­ference by local elites, re­cur­rent fun­ding short­falls and a lack of owner­ship by inter­national actors quickly cooled en­thusiasm for hybrid criminal pro­se­cution. Since 2013, however, a new gen­eration of hybrid in­sti­tutions has been es­tablished. Lisbeth Zimmermann looks at what has been learned from the mis­takes of the first gen­eration, and what sig­ni­fi­cance hybrid courts could have in the future.

AbstrakSejak akhir Perang Dunia II, masyarakat internasional menyaksikan meningkatnya upaya serius untuk menanggulangi kejahatan internasional. Selain pengadilan pidana nasional dan mahkamah internasional murni, forum yang baru-baru ini digunakan untuk menangani kejahatan internasional adalah pengadilan hibrida yang telah dibentuk di beberapa negara seperti Kamboja, Sierra Leone dan Timor-Leste. Pengadilan hibrida tersebut dibentuk dengan latar belakang politik berbeda-beda, tetapi sebagai institusi yuridis, pembentukannya seyogianya didasarkan pada instrumen yuridis. Artikel ini mengidentifikasi ada tiga pola dalam pembentukan pengadilan hibrida, yaitu: pembentukan pengadilan hibrida atas dasar perjanjian antara PBB dan negara terkait, pembentukan pengadilan hibrida oleh PBB atau pemerintahan internasional dan pembentukan pengadilan hibrida oleh suatu negara yang kemudian memperoleh dukungan masyarakat internasional.AbstractSince the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Constitution and several laws of Kosovo necessary to establish the Specialist Chambers in furtherance of the agreement dated 14 April 2014 between the Republic of Kosovo and the European Union on the Mission of the European Union Rule of Law Mission in Kosovo (EULEX) will certainly create heated debates in the political level, one may argue that the legal issues that are expected to be encountered when the Specialist Chambers will be operational, may be even more pressing. This is in consideration of the peculiar nature of the Specialist Chambers, which are meant to have their basis within the laws of Kosovo, but at the same time, be independent from them and from control of Kosovo authorities. The purpose of this article is to delineate the possible legal issues that might confront the Specialist Chambers of Kosovo. Its main argument is that, while the Specialist Chambers seem to follow the experience of other hybrid internationalised courts, it still differs from them in some aspects. The challenges that the new Specialist Chambers may need to tackle deal with its jurisdiction and position within the Kosovo Judicial system, and its legitimacy and legal basis.