and procedures need to be promulgated in order to proceed with prosecutions, care should be taken to consult local legal professionals in the process.88 B. Considerations relevant to the establishment of hybrid tribunals Hybrid tribunals raise many policy considerations aside from the obvious added security considerations from being located in the country. 1. General policy goals and considerations The policy goals of a hybrid are essentially the same as those of the domestic initiatives described above, but one should guard against the danger of having these diluted by international involvement, which may bring its own policy considerations.89 Another pertinent question is whether the international assistance should take the form of assistance to the domestic legal system as a whole or whether system crimes should be tried by a “special” court, panel or chamber. The latter is a well-defined project which may make it easier to mobilize resources and support. On the other hand, a model which sits outside the ordinary court structure may be less influential in bringing about lasting change on the legal system as a whole (so-called legacy). 2. Coordination of policies at the international level So far, hybrid tribunals have been established under the auspices of the United Nations and this route of establishment has been an important factor in their perceived international legitimacy.90 However, a coordinated approach to transitional justice in post-conflict societies has been lacking at the international level, as acknowledged in the Secretary-General’s report.91 For instance, the United Nations Mission in Sierra Leone (UNAMSIL) originally did not consider itself 88  hen Kosovo and Timor-Leste came under United Nations administration, there was a legal vacuum and the law that was W originally proposed to apply was the law in force before the conflict (see United Nations Interim Administration Mission in Kosovo (UNMIK) regulation 1999/1 and United Nations Transitional Administration in East Timor (UNTAET) regulation 1999/1). A model criminal code has been drafted to help to prevent this, but this code should only be applied after it has undergone a consultative process with local actors. 89 T his was a consideration in both Kosovo and Timor-Leste, where certain objectives of the peacekeeping missions such as security issues and dealing with persons in detention drove the establishment of a hybrid capacity. 90 T his is with the exception of the Iraqi Special Tribunal, which will probably receive considerable bilateral international assistance and could therefore be considered a hybrid, but it was not established under such auspices. 91 S /2004/616, para. 59: “[I]t is crucial that donors, peace missions and the United Nations system commit themselves to working jointly with each other in a collective effort led by key actors of the civil society and Government concerned. Mere information sharing is not enough. Rather, all partners should work through a common national assessment of needs, capacities and aspirations and a common national programme of transitional justice, justice reform and rule of law development.” 32

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