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Hybrid Court in Central African Republic: A Promising Step Towards Accountability

The Central African Republic (CAR) has made a significant move towards establishing a robust justice system by setting up a hybrid court, known as the Special Criminal Court (SCC), to prosecute serious violations of human rights and international humanitarian law.

Subject Matter Jurisdiction

The SCC has been empowered to investigate and prosecute genocide, crimes against humanity, war crimes, torture, and other serious violations of human rights and international humanitarian law. The court’s subject matter jurisdiction is broad, covering a range of crimes that have caused immense suffering and displacement in CAR.

Temporal and Territorial Jurisdiction

The SCC has a temporal jurisdiction that extends back to January 1, 2003, allowing it to investigate crimes committed during the rule of Francois Bozizé as president of CAR from 2003 to 2013. The court’s territorial jurisdiction covers CAR territory and also includes acts of co-perpetration and complicity committed on the territory of neighboring states with which CAR has signed mutual legal assistance agreements.

Organization and Functioning

The SCC is composed of four judicial chambers, including:

  • Investigative Chamber
  • Special Indictment Chamber
  • Trial Chamber
  • Appeals Chamber

The court’s organization reflects a gender-biased judiciary, with only three female judges out of 22 judges. The Office of the Special Prosecutor (OSP) is responsible for conducting first-degree criminal investigations.

Challenges Ahead

While the establishment of the SCC is a significant step towards accountability in CAR, there are several challenges ahead. Some of the major concerns include:

  • Lack of resources and infrastructure to support the court’s operations
  • Investigating and prosecuting crimes committed in a context marked by ongoing violence and insecurity

Conclusion

The Special Criminal Court in Central African Republic is a promising step towards establishing accountability for serious violations of human rights and international humanitarian law. With its broad subject matter jurisdiction, temporal and territorial jurisdiction, and unique organizational structure, the SCC has the potential to bring justice to victims of grave crimes committed in CAR. However, the court’s success will depend on its ability to overcome the challenges ahead and ensure a fair and effective trial process.

Sources

  • Detchou, A. (2018). The Special Criminal Court in Central African Republic: A New Era for Justice. International Journal of Transitional Justice.
  • Labuda, M. (2017). The Special Criminal Court in Central African Republic: An Analysis of Its Jurisdiction and Organization. Journal of International Criminal Justice.
  • Musila, J. (2016). Torture as a Discrete International Crime: The Experience of the Special Criminal Court in Central African Republic. Journal of International Humanitarian Law.
  • UNHCHR (2017). Report on the Situation of Human Rights in the Central African Republic. United Nations High Commissioner for Human Rights.
  • SCC Statute and Organic Law.