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Caribbean Court of Justice, Trinidad
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The Hague, Netherlands

Sir Dennis Byron: Not just a Judge

Published on : 22 April 2011 - 1:44pm | By International Justice Tribune (IJT 127)
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The Caribbean Court of Justice (CCJ) will have a new President in August. Sir Dennis Byron, outgoing President of the International Criminal Tribunal for Rwanda (ICTR), will replace outgoing CCJ President, Michael de la Bastide.

The CCJ, based in Trinidad, was set up seven years ago, to apply the rules of the Caribbean Community (CARICOM) Treaty (1973). The CCJ resolves treaty disputes between CARICOM member states and also acts as a final Court of Appeal.

The CCJ performs functions like the European Court of Justice (ECJ), the Andean Court of Justice (ACJ) and the International Court of Justice (ICJ). Sir Dennis Byron, who is from St. Kitts, explains that his new role as CCJ President, involves much more than being just a judge.
 
Interview by Geraldine Coughlan in The Hague
 
What kinds of cases come under the CCJ's jurisdiction?
The CCJ has two distinct types of functions.

Limited jurisdiction: One is to be the sole dispute resolution mechanism for the Treaties setting up the Caribbean Community. It will function as an International Court resolving disputes between Caribbean nations and between citizens of the community and the respective nations.

In this context it is an important part of the development of a single market economy and regional integration, both of which will serve the people of the region well.

Unlimited jurisdiction: The other is to be the final court of appeal for the former British Colonies, most of which have been independent in excess of a quarter of a century. The jurisdiction in this function is unlimited in criminal and civil cases. The court will be able to address appeals from all types of cases throughout the region.
 
What is the most important principle for the development of transformative justice in the Caribbean?
I know that a lot of emphasis is being placed on gender justice and I think that it is important for all aspects of development in our region.

Scholar: I recently came across a presentation by distinguished Caribbean scholar Dr. Ramesh Deosoran who expressed a view with which I could also agree. He describes five key areas which require urgent attention and sustained remedies as priorities.

5 key areas: The first is on police reform and re-visiting the objectives and operations of police work. The second pertains to the administration of justice, that is, the processing and determination of cases. The third key area is politics and public policy. The fourth is the need for a more sophisticated and responsive crime reporting, data collection and retrieval system. The fifth is penal reform and sentencing.
 
What do you think is today’s most interesting case in international law?
I take advantage of my current position as President of the ICTR to pick two trend setting cases from our Tribunal.

Akayesu, which was the first case at the international level to interpret genocide in the light of the Genocide Convention and is also recognized as the seminal authority in International Criminal Law on sexual violence in conflict situations.

Also, the Media case which identified the principles governing media responsibility in International Criminal Law.
 
See also: Caribbean governments must accept CCJ as final arbiter
 

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