Promoting Human Rights through Hybrid Courts: The Serious Crimes Process in East Timor

Abstract

This chapter evaluates the conduct of the hybrid tribunal model used to address crimes against humanity and massive human rights violations in East Timor following its historic act of self-determination in 1999 (as discussed in Chapter 11). As a new experiment, the court faced serious obstacles to fulfill its mandate and ultimately its efforts to promote accountability for human rights violations were stymied. Yet understanding the barriers to the full attainment of such goals may be instructive as the hybrid model grows in usage. This case study first examines the bargaining among East Timor, Indonesia, and the international community that led to the creation of a hybrid tribunal. Next, it describes the structure and jurisdiction of the court and its relationship to other concurrent transitional justice mechanisms. Third, the chapter traces the evolution of the court and the sometimes insurmountable hurdles placed in its path from its origins in 2000 to its closure in 2005 and its temporary resurrection in 2008. Finally, the chapter offers some concluding reflections on the legacy of the trial process.KeywordsUnited NationsSecurity CouncilTransitional JusticeArrest WarrantUniversal JurisdictionThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.