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39 Nordic J. Hum. Rts. 1 (2021)

handle is hein.journals/norjhur39 and id is 1 raw text is: NORDIC JOURNAL OF HUMAN RIGHTS                                               Routledge
2021, VOL. 39, NO. 1, 1-17
https://doi.org/10.1080/18918131.2021.1939607                               Taylor & Francis Group
Victims at the Central African Republic's Special Criminal
Court
Juan-Pablo Perez-Leon-Acevedo
Department of Language and Communication Studies, Faculty of Humanities and Social Sciences, University
of Jyvaskyla, Finland; PluriCourts, University of Oslo
ABSTRACT                                                            KEYWORDS
The Central African Republic's Special Criminal Court (SCC), the    Central African Republic;
latest hybrid criminal tribunal, may be considered an important    Special Criminal Court;
legal development concerning victims of mass atrocities in         victims; restorative justice;
international criminal justice  mechanisms    due   to  certain    participation; reparations
characteristics. Yet there is no academic commentary on victims
at the SCC; this piece seeks to fill the gap. First it considers
restorative justice as a general framework for victims' roles and
rights in criminal justice in contexts of mass atrocities. Second,
victim matters at the SCC are examined: victim protection, victims
as civil parties, and reparations. Overall, this paper argues that
provisions on   victims' roles and   rights contained   in  SCC
instruments   are  consistent  with   restorative  justice  and
international law, but that there are major challenges ahead.
1. Introduction
Since the International Criminal Court (ICC) was created in 1998, several 'hybrid' or
'internationalised' criminal courts have been established to fight impunity and provide
justice to victims of mass atrocities in more local settings. Generally, hybrid criminal
courts present the following characteristics.' They are established via or as a result of
an agreement between an international organisation (such as the UN or the African
Union) and a particular state. They are created as separate institutions (for example,
the Special Court for Sierra Leone, or SCSL) or as part of a national judiciary (such as
the Extraordinary African Chambers in the Senegalese Courts, or EAC). They possess
jurisdiction over international crimes and serious domestic offences committed in a
state, and they consist of international and national officers. Finally, they are financed
jointly by the international community and the respective state.
The most recently created hybrid criminal court is the Special Criminal Court (SCC)
of the Central African Republic (CAR).2 Following a memorandum of understanding
CONTACT Juan-Pablo Perez-Leon-Acevedo  perezlev@jyu.fi
'See Sarah Williams, Hybrid and Internationalised Criminal Tribunals (Hart 2012).
2Patryk Labuda, 'The Special Criminal Court in the Central African Republic' (2017) 15 Journal of International Criminal
Justice 175, 181-86; Philipp Kastner, 'A Resilience Approach to Transitional Justice' (2020) 14 Journal of Intervention
and State Building 378, 368-88.
© 2021 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/
licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly
cited.

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