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International and Area Studies

University of Pittsburgh School of Law

Series

Legal pluralism

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Reassessing The Role Of International Criminal Law: Rebuilding National Courts Through Transnational Networks, Elena Baylis Jan 2009

Reassessing The Role Of International Criminal Law: Rebuilding National Courts Through Transnational Networks, Elena Baylis

Articles

The international community has long debated its role in redressing grave atrocities like war crimes and crimes against humanity. This Article suggests that this debate has focused too much on trials in international and hybrid courts as the primary conduit for international contributions to justice in post-conflict states. It proposes that the international community should look instead to national courts as the primary venue for such trials and to transnational networks as an effective mechanism for international involvement. Key characteristics of this model include: (1) reliance on transnational networks to convey international criminal law and international resources into national settings; …


Parallel Courts In Post-Conflict Kosovo, Elena Baylis Jan 2007

Parallel Courts In Post-Conflict Kosovo, Elena Baylis

Articles

Even as American attention is focused on Iraq's struggle to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society - Kosovo - has begun negotiations to resolve the question of its political independence. Kosovo's efforts to establish multi-ethnic rule of law in the context of persistent ethnic divisions offer lessons in transitional justice and in managing legal pluralism for Iraq and other states.

In Kosovo today, two parallel judicial systems each claim sole jurisdiction over the province. One system was established by the United Nations administration in Kosovo, while the other system is …