Essay --

Hybrid court of laws are near often established in post-conflict regions where no intertheme tribunal exists, and local capacities are insufficient to singularly cope with mass atrocity. Examples of hybrid tribunals include East Timor, Cambodia, sierra Leone, and Lebanon. In the event that an international tribunal, such as the ICC, can non cope with the number of maintain perpetrators, hybrid tribunals also serve as an alternative accountability mechanism. A newly created hybrid international criminal tribunal for Syria will virtually effectively serve the transitional and restorative justice goals of President Bashar al-Assads prosecution.Although the precise definition of hybrid courts is still evolving, some baseline characteristics conduct emerged. Hybrids aim to marry the expertise and resources of the international community with the legitimacy of local actors. Generally, hybrids are comprised of mixed staff, both local and international, and compound international and n ational substantive and procedural law. Hybrid tribunals criticize the notion that justice is most effectively served in a wholly international context (dominated for the most part by Western mechanisms of accountability). Instead, hybrids emphasize the importance of local input in any long-term solution to post-atrocity transitional and restorative justice goals. The underlying raison dtre of a hybrid tribunal in Syria relies on the philosophic premise that post-atrocity accountability mechanisms should empower local governments and communities in order to give transitional and restorative justice goals. The importance of local empowerment is especially significant in the wake of conflicts that occur within the borders of a nation (i.e. civil wars).The languag... ...al infrastructure. However, the narrow mandate of the Syrian tribunal and its co-tribunals in Sierra Leone, Lebanon, and others, does not give effect to this problem. Assuming the mandate of the Syrian tribunal acc ords it jurisdiction over perpetrators, organizers, sponsors, and indispensible accomplices, consider the position of a member of the former, go political party that neglected to prevent the commission of atrocities but did not himself participate in them. Arguably, he may or may not fall within the jurisdiction of the international criminal tribunal for Syria, and forbearance laws may be recognized as a bar to prosecution. Ideally, amnesties would not be a necessary component of transition from pre- to post-conflict societies. However, a conditional limitation on the recognition of amnesties serves the more pragmatic interests of transitioning State.