Research On Hybrid Tribunal Of Cambodia

Hybrid tribunal are the kind of criminal courts which international communityand the countries jointly established for the specific offense in the country (mainlyinternational crimes) for prosecution and trial. Extraordinary Chambers in the courtsof Cambodia is on behalf of the hybrid courts. As international criminal law intopractice they exposed many weaknesses,such as International Criminal Tribunal forthe former Yugoslavia, International Criminal Tribunal for Rwanda and theInternational Criminal Court. To solve these problems, the United Nations payattention toward the hybrid court. Hybrid courts demonstrate some uniqueadvantages, they can combine the local legal factors together with the internationallegal factors. On the one hand hybrid court can ensure fair trial and objectivity, onthe other hand the court can resolve the contradiction between maintaining nationalsovereignty and the pursuit of justice. It means that it will more convenient toinvestigation and collect evidence, as well as higher degree of victim participation,and it contribute to the local judicial reform.Hybrid tribunals at present are mainlyrefers to the Serious Crimes Panels in the District Court of Dili in East Timor set upin2000(SPSC),Special Court for Sierra Leone set up in2002(SCSL),ExtraordinaryChambers in the Courts of Cambodia (ECCC) set up in2003and Special Tribunalfor Lebanon (STL) set up in2005.Extraordinary Chambers in the courts of Cambodia is a typical representativeof hybrid tribunals. It not only inherited the characteristics of mixed tribunals, butalso a unique court when compared with other hybrid tribunals. ExtraordinaryChambers in Cambodia has comprehensive institutional settings, they fully protectthe legitimate rights of both parties, particular refers to the establishment of VictimSupport Office. They provide a model for other hybrid courts. Like other hybridcourts the composition of Extraordinary Chambers in Cambodia are domestic legalpeople and international legal people, however, the domestic legal people still at adominant position. Special Courts have the right of jurisdiction for criminal conduct based on domestic law. For example, according to provisions of the Penal Code ofCambodia in1956, the court may initiate prosecutions for the murder, torture andreligious crime. On the other hand, international law support hybrid courts canexercise jurisdiction over the crime. According to the relevant provisions ofinternational criminal law, hybrid courts have the jurisdiction of the Special Courtfor Cambodia involve Genocide, crimes against humanity and serious violations of“The Geneva Conventions”.Extraordinary Chambers in the courts of Cambodia revealed some problems inpractice, due to the comprehensive institutional settings and investigation procedureswhich seriously affected the efficiency of courts. The trials receive interference fromthe Cambodian government authorities coupled with a lack of operating funds. Theyaccepts donations from other countries, public interest organizations etc. whichchallenge the independence of the judicial. Cambodian people are unfamiliar withforeign legal culture; there is a conflict on the legal culture during the operationbecause difference among legal cultures. Facing with these problems, it is necessaryto simplify the procedure between the investigating judge and the Pre-Trial Chamberprocess in order to improve the efficiency of the judiciary. It’s important toimplement the provisions of the relevant substantive law and procedural law whichguarantee the independence of the judiciary. Furthermore, it is also necessary tostrengthen Cambodia people’s sense of participation, increase interact of legalculture to mitigate conflicts of law culture.