to be replicated. The Defence Office provides duty counsel to the accused when they are taken into detention and also provides institutional support to defence teams chosen by the accused. • Preventing tensions between international and national staff. Tensions may arise between domestic and international staff, particularly on issues such as differing pay scales. One solution may be to classify posts, rather than candidates, as local or international.99 Hybrids should make attempts to locate well-qualified locals for all posts.100 Other tools that may help to alleviate tensions are briefings on the country’s context and on cultural sensitivity. Good translation facilities should be prioritized and available at all times. Convenient opportunities should be made available for internationals to learn local languages. • Particular considerations arising from being located in situ. Being situated in the country poses particular challenges. The most obvious of these is security, which will by necessity consume a large part of the budget.101 There may also be significant challenges in dealing with the disparities that arise in applying international standards in the domestic context, such as inequality in due process standards and prison conditions. These challenges should be anticipated and handled sensitively. Also, witness protection may pose a particular challenge in resource-poor environments where ordinary measures (compensation for lost earnings, relocation) could be seen as incentives to testify. Policies on this should be transparent. • Considerations arising from limited nature of mandate. A personnel policy will need to be devised to create incentives to retain staff and to ease their transition to a domestic context. For hybrids that are not integrated into the domestic legal system, there will be complex questions to resolve regarding residual functions such as outstanding indictments, supervision of sentences and ongoing witness protection, and these should be resolved early. D. Enforcement powers Security Council resolutions place binding legal obligations on States to cooperate with tribunals by virtue of the Security Council’s powers under Chapter VII of the Charter of the United Nations. This has been the case with ICTY and ICTR, but Chapter VII powers have not been granted to hybrids (although there is nothing that inherently prevents a hybrid from being endowed with such powers). Hybrid tribunals have had tremendous difficulty in obtaining custody of the accused sheltering outside their territory (e.g., the Indonesian military, Liberia’s former 990 This system is used by the Special Court for Sierra Leone. 100 In Timor-Leste, UNTAET even dropped leaflets by air to seek Timorese legal personnel with some success. Many Timorese with legal training who had gone abroad returned and ended up in positions of political leadership in the country and were thus unavailable. 101 In Sierra Leone, security issues, including particularly witness protection and relocation, consume 20 per cent of the total budget. 36

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