Explaining and Evaluating the UNMIK Court System

Jan 1, 2010
By: Cerone J; Baldwin C
Abstract
The Kosovo courts have been counted among the so-called 'hybrid' or 'internationalized' courts. As with the Special Panels in East Timor, the Special Court for Sierra Leone, and the envisioned Extraordinary Chambers in Cambodia, the Kosovo court system is composed of both national and international judges and prosecutors, and is competent to apply laws with both a national and an international character. However, the Kosovo court system derives its competence from Regulations of the United Nations Interim Administration Mission in Kosovo (UNMIK), whose authority is ultimately derived from a Chapter VII Resolution of the UN Security Council. This chapter describes the nature and composition of the Kosovo court system, providing an overview of the legal framework within which it operates, and highlighting the features that make it unique. The chapter also evaluates the strengths and weaknesses of this form of internationalized court, focusing primarily on the effectiveness of introducing international judges and prosecutors into the system.
Copy Citation Cerone, J., & Baldwin, C. (2010). Explaining and Evaluating the UNMIK Court System. In Internationalized Criminal Courts Sierra Leone East Timor Kosovo and Cambodia. doi:10.1093/acprof:oso/9780199276745.003.0003 Copied to clipboard.
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