Transitional Justice in Post-Conflict States: Analyzing the Efficacy of Hybrid Courts Through a Political-Legal Lens
Keywords:
hybrid courts, transitional justice, post-conflict states, political legitimacy, international law, legal pluralism, reconciliationAbstract
This study aims to evaluate the efficacy of hybrid courts in post-conflict states through a political-legal lens, examining their role in delivering justice and promoting legitimacy. This study employs a scientific narrative review using a descriptive analysis method. A wide range of sources published between 2018 and 2024—including peer-reviewed journal articles, legal documents, and institutional reports—were systematically reviewed. Four key hybrid court models were selected for comparative analysis: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, and the Kosovo Specialist Chambers. Data analysis was conducted thematically through a political-legal framework that integrated legal outcomes and political environments. Hybrid courts have shown mixed results in achieving justice and fostering legitimacy. Legal successes include high-profile convictions and the development of international jurisprudence. However, challenges such as limited local ownership, political interference, narrow mandates, and weak institutional legacies have hindered broader impact. Courts embedded in cooperative political environments demonstrated stronger performance, while those facing elite resistance or low public trust struggled to gain legitimacy or produce long-term reforms. Hybrid courts can serve as valuable transitional justice tools when carefully tailored to local political and legal contexts. Their future efficacy depends on increased public engagement, improved integration with domestic legal systems, and adaptive designs that respond to political constraints and evolving global challenges.
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