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THE COMPARISON BETWEEN THE SPECIAL COURT FOR SIERRA LEONE (SCSL) AND THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA (ECCC) IN RELATION TO JUDGE COMPOSITION AND THE JURISDICTION

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Pengarang Yastina Faradila - Personal Name
SubjectCOURT (LAW)
Bahasa English
Fakultas Fakultas Hukum
Tahun Terbit 2014

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ABSTRACT Yastina Faradila, 2014 THE COMPARISON BETWEEN THE SPECIAL COURT FOR SIERRA LEONE (SCSL) AND THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA (ECCC) IN RELATION TO JUDGE COMPOSITION AND THE JURISDICTION Faculty of Law Syiah Kuala University (iv, 58), pp., bibl. Mahfud, S.H., LL.M In an attempt to promote justice and end impunity for the atrocities committed by warring factions in Sierra Leone, the UN and the Sierra Leone government jointly established the Special Court for Sierra Leone (SCSL) as hybrid tribunal that created by Resolution 1315 of the Security Council on 14 August 2000. Under resolution 57/228 of 18 December 2002, recalled that the serious violations of Cambodian and international humanitarian law during the period of Democratic Kampuchea from 1975-1979, the Cambodia government and the UN jointly established the Extraordinary Chambers in the Courts of Cambodia (ECCC) as hybrid tribunal. This thesis aims to comprehend the distinction of legal mechanism in relation to composition of judges between the SCSL and the ECCC, also the jurisdiction of the SCSL and the ECCC in enforcing International Criminal Law. In order to compile data in the research, library research is applied to get secondary data, through reading, citing and analyzing data that are related to object of research. The methodology apply is normative juridical that emphasis on existing law. Based on the research, with the majority of international judges in the SCSL, it will reach more justice in the proceedings than in the ECCC where national judges are dominant. This is because with the majority of international judges could avoid arbitrary, particularly arbitrary decision and make impartiality. In case of the jurisdiction between both tribunals, the ECCC has better the jurisdiction because it is more specific in regulating the crimes. Meanwhile, the jurisdiction of the SCSL does not include specific crimes so that the crimes that are prosecuted will be limited. It is recommended that the ECCC should have the majority of international judges or in the same composition between international judges and national judges. It is also recommended that the SCSL should regulate more specific crimes in its jurisdiction, particularly crimes of the genocide.

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