I tribunali penali internazionalizzati : fondamento, giurisdizione e diritto applicabile

Internationalized criminal tribunals (also known as hybrid or mixed criminal tribunals) have been established, since the end of the twentieth century, by the United Nations with the significative involvement of local authorities of the concerned State, in order to prosecute suspects of international and ordinary crimes. Designed to address the weaknesses of both international and domestic criminal courts, they share some common features with both of them. Unlike the proper international jurisdictions, internationalized tribunals include judges and prosecutors from the affected regions and apply a mix of domestic laws and of international law, as amended to reflect international human rights and criminal law standards. Unlike pure domestic courts, they include foreign judges and prosecutors and apply international laws and standards regardless of the constitutional structure of the country concerned. Despite these important common features, the question if internationalized criminal courts can be regarded as a genus on their own is controversial. The book deals with the characterization of internationalized tribunals, through the analysis of their basic features, such as their legal and jurisdictional foundations, competence, applicable law. The research is carried out also through the analysis of the relevant practice, with the goal to determine how the formal classification of these tribunals affects other issues (such as the application of amnesties and immunities, the relationship with other national or international court, the application of rules and principles of international –criminal – law).