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UN booklet revenues quantity E.08.XIV.2; HR/PUB/08/2.

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Extra resources for Rule-of-Law Tools for Post-Conflict States: Maximizing the Legacy of Hybrid Courts (Office of the United Nations High Commissioner for Human Rights)

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11. A major challenge for hybrid courts is to achieve appropriate levels of ownership by local and international stakeholders. Ownership is an issue not just at the moment of creation, but whenever any important decisions are made throughout a tribunal’s existence. Ownership should include engagement with a variety of actors, including civil society. A positive model for ownership may be found in the War Crimes Chamber. 12. The range of interlocutors with whom the international community seeks to engage during the negotiation on the formation of a hybrid court plays an important role in securing buy-in from stakeholders in civil society and the legal community.

Recruitment 1. National staff and personnel policies A direct consequence of conflict is the destruction, collapse or compromising of legal and justice systems. 48 A crucial distinction will be whether recruitment is for or within the national court system, or for a special court. Recruitment policies and opportunities to vet may be more prevalent with the latter. In Timor-Leste, when UNTAET was looking to establish the first courts, only a handful of people with legal training were identified and most lacked practical experience.

This was essential, as police reforms have not been entirely successful and there is still a lack of trust in the police. 33 participants, if those in need have received preliminary training to catch up. This is an extension of the culturally sensitive approach that should be adopted in the creation, administration and closure of hybrid tribunals. Training and capacity-building should be linked to particular appointment procedures. In Cambodia, UNDP conducted training courses for judges and lawyers on international law in advance of the selection for positions in the Extraordinary Chambers.

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