ABSTRACT

This chapter analyzes the nature of the conflict in East Timor as well as the types of crimes which were committed. It examines the debate over the creation of the tribunal in East Timor and Indonesia and some of the limitations brought about by the negotiations. The chapter discusses the structure of both tribunals and finally concludes by examining the ability of these tribunals to provide justice to victims, rights to the accused and ultimately a historical record of events. Under Law 26, the Indonesian Human rights Court (IHRC) was created as a special chamber within the Indonesian domestic legal system. The Supreme Court established a special committee which was in charge of selecting candidates to be proposed to the legislature as judges for the IHRC. The UN approved in February 2005 the creation of a Commission of experts to evaluate the Serious Crimes Panel for East Timor (SCPET) and the IHRC and to recommend further steps for achieving accountability.