• F illing certain key and publicly representative roles, so that the hybrid is not perceived as primarily international; • Witness support, so that this is seen to be attuned to the domestic culture; and • Outreach and public information, to ensure effective public messaging and interaction with local populations. Many elements of a hybrid may benefit from mixed representation, such as the judiciary, which may benefit from a perception of impartiality through a mixed composition, or mixed teams of defence counsel, which combine knowledge in both international and domestic law and practices. Moreover, international assistance need not mean establishing an entire court but may simply be used to bolster a particular aspect of the criminal process such as investigations and prosecutions: an interesting example is the Agreement between the United Nations and the Government of Guatemala for the Establishment of a Commission for the Investigation of Illegal Groups and Clandestine Security Organizations in Guatemala (which has not yet been implemented).95 2. Finding qualified and dedicated international staff A key challenge is finding suitable international candidates to serve on hybrid tribunals. A roster or pool of qualified and available international judges or experts does not yet exist, although it has been suggested.96 Targeted searches and loan arrangements with host countries may help, as may attractive conditions of service. Nevertheless, high turnover has been common, particularly in places such as Kosovo and Timor-Leste, and getting appropriately qualified candidates for judges continues to be a challenge. Rigorous selection criteria should apply, and the process should have similar requirements for international and domestic candidates. 3. Legacy considerations and capacity-building Where international staff are employed, there should be a conscious effort to impart their skills and experience to domestic counterparts as part of the “legacy” of a hybrid.97 Legacy may involve the phasing-out of international participation, as is being proposed in the establishment of a hybrid War Crimes Chamber in Bosnia and Herzegovina. Legacy will not be an automatic result of mixing international and domestic capacity, and must be built into the structure of an approach to prosecutions from the outset. In any case, the commitment of time and resources required to leave a legacy may give rise to certain tensions, as involvement in capacity-building 95 This Agreement proposes an international investigative / prosecutorial unit operating under Guatemalan law. 96 See S/2004/616, sect. XVIII. 97 In some situations, such as in Timor-Leste, such interaction has been hampered by a lack of linguistic skills on the part of internationals. Prosecutors and judges in Kosovo have said that mentoring is not a specific part of their mandate and that they are not given adequate time to engage properly in such a task. 34

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