Refworld statute of the special court for sierra leone. Pdf a critical analysis of the case law of the ictr and. Thats why we invented the portable document format pdf, to present and exchange documents reliably independent of software, hardware, or operating system. The pdf is now an open standard, maintained by the international organization for standardization iso. Foreword justice richard goldstone 2 1 introduction. Although the special court for sierra leone scsl or court may be perceived as similar to national criminal courts to the extent that its core judicial responsibility is to bring the perpetrators of violent crimes to trial, unlike national courts, the court like other international and hybrid tribunals incorporates far more structures that would typically be. Pdf documents can contain links and buttons, form fields, audio, video, and. Building the special court for sierra leone, 25 fordham intl l. Introduction to the complex relationships in international. Fofana and kondewa, special court for sierra leone, case no.
Nicole fritz and alison smith, current apathy for coming anarchy. Statute and the statutes of the ad hoc tribunals, and that the form of criminal participation set out in article 253c of the rome statute is similar but not identical to aiding and abetting liability in article 61 of the statute. Agreement between the united nations and the government of. On 9 august 2000, the president of the republic of sierra leone addressed a letter to the. Intro to civil law legal systems federal judicial center. Trial chamber ii trial chamber of the special court for sierra leone special court. Timothy keeton, kirkuk provincial reconstruction team 6. Having been established by an agreement between the united nations and the government of sierra. The scope of war crimes against peacekeeping personnel. Leone pursuant to security council resolution 15 2000 of 14 august 2000, the special court for sierra leone hereinafter the special court shall function in accordance with the provisions of the present statute.
Political considerations in sentence mitigation for. These provisions have been held to reflect customary international law. The special court is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and sierra leonean law. Text document the law on the establishment of the extraordinary chambers as amended 20041027. Might international criminal law nonetheless, and perhaps unexpectedly. Special court for sierra leone university of michigan law school. Establishment of a special court for sierra leone, signed 16 january 2002, 2178 unts 7 entered into force 12 april 2002 annex statute of the special court for sierra leone art 2g scsl statute. Except as otherwise required by law, the board of directors may hold its meetings at such place or places as it may from time to time determine.
The agreement between the united nations and the government of sierra leone on the establishment of a special court for sierra leone, with the statute of the court annexed thereto, was signed in freetown, sierra leone, on 16 january 2002 and entered into force on 12 april 2002, following its ratification by sierra leone. Rick messick, senior public sector specialist, the world bank 8. Pursuant to the resolution, the scsl was established in 2002 by an agreement between the 3. Article 2 composition of the special court and appointment of judges 1. Alex paredespenades, legal contractor, special court for sierra leone 4. In january 20002 a treaty was agreed between the united nations and sierra leone which established the special court for sierra leone scsl. Crimes against humanity in the modern age cambridge core. International criminal tribunal for the former yugoslavia. Aviation routine weather reports metar weather observations. All activities undertaken by the pr osecutor under the statute and the ru les fo r the collection of info rm ation and evidence, w hether befo re or after approval of an indictm ent. The wording a state designated was deliberately chosen to include nonstate parties as possible states of enforcement, although such a situation does not seem very likely prost, 2001, p. Statement by special court president justice shirleen avis fisher on the detention of icc staff in libya. While diverse, citations to international cases and materials in ats adjudication cluster around three areas.
In accordance with article 24 of the statute of the special court for sierra leone the working language will be english. Article 18 should be replaced with article 20 of the statute and rule 88 c of the rules should be replaced with rule 108 ofthe rules ofprocedure and evidence. Circulation thereby arises within the curricular sphere of penal responsibility. The creation of the special court for sierra leone scsl or the. Judges shall be independent in the performance of their functions, and shall not accept or seek any instructions from any government or any other source.
Sierra leone invited the united nations to establish a special court to prosecute those who bear the greatest responsibility for the crimes committed as part of the civil. University of cape town,faculty of law,department of public law, 2011 cited yyyy month dd. The migration or importation of such persons as any of the. Agreement between the united nations and the government. Mar 22, 2015 third, although presidents blaise campaore burkina faso and the now late muammar gaddafi libya were apparently subjects of initial prosecutorial investigative interest for training, arming, and otherwise financially supporting the ruf, 7 taylor was the only sitting african president indicted by the scsl even though he was no longer in power when he was actually arrested, prosecuted. Leone pursuant to security council resolution 15 2000. Charles ghankay taylor, scsl0301, indictment, march 3, 2003. Due process and fair trial rights at the special court. These three projects complement one another and form a coherent whole. Article 11 new the supreme council of the magistracy shall appoint at least seven cambodian judges. The trial chamber finds that the prosecution has proved.
Article 174d of the statute of the special court for sierra leone also provides that the accused shall have the right to be tried in his or her presence. Mar, 2004 statute of the special court for sierra leone, 16 january 2002. Statute of the special court for sierra leone office of legal affairs. Your use of this heinonline pdf indicates your acceptance. Special court for sierra leone the hague justice portal. The statute of the special court for sierra leone outlines four different types of crimes with which the court can charge individuals. See also valerie oosterveld, gender, persecution, and. Subconsultantmwsdv staffing list original revised ae. This page provides downloadable files for the current release point. Itsl the appeals chamber justice emmanuel ayoola, pr justice george gelaga king. International criminal courts for the former yugoslavia, rwanda and sierra leone. Upon being found in violation of those laws by the scsl board of directors, the matter shall be referred to a special meeting. Allison marston danner, enhancing the legitimacy and accountability of. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states, or in any department or offi cer thereof.
For its part, the statute of the sierra leone tribunal established the principles of international criminal responsibility, non bis in idem, equality, presumption of innocence, double instance, fundamentally. Statute of the special court for sierra leone, 2178 unts 8, u. The residual special court for sierra leone oxford academic. The special court for sierra leone, or the special court scsl, also called the sierra leone. These provisions have been held to reflect customary. The text of the rome statute reproduced herein was originally circulated as document aconf.
The statute is annexed to this agreement and forms an integral part thereof. In this landmark decision, the appeals chamber upheld the trial chambers decision to convict the appellants for the war crime of conscripting, enlisting and using children under the age of 15 years 2 to participate in. Titles in bold have been changed since the last release point. Crimes against humanity international criminal law war crimes. Icc statute rome statute of the international criminal court, 17 july 1998 1999 ccp op optional protocol to the 1954 convention for the protection of cultural property in the event of armed conflict, 26 march 1999 scsl statute statute of the special court for sierra leone, 16 january 2002. In june 2014, the african union adopted a protocol at its 23 rd ordinary session. Pdf the african justice cascade and the malabo protocol. The special court shall be composed of a trial chamber and an appeals chamber with a.
A critical analysis of the case law of the ictr and scsl relating to sexual and genderbased violence. Count 2 andor violence to life, health and physical or mental wellbeing of persons, in particular murder, a violation of article 3 common to the geneva conventions and of additional protocol ii, punishable under article 3. The other three being the international criminal tribunal for former yugoslavia icty and international criminal tribunal for rwanda ictr and the permanent international criminal court icc, which will be established after the rome statute for the international criminal court is ratified by 60 states, aconf. Seised of the prosecution motion for admission of document pursuant to rules 89c and 92bis filed on 12 february 20091 motion wherein the prosecution requests that the trial chamber admit into evidence security council resolution 15 2000 under rules 89c and 92bis on the. The special court for sierra leone, or the special court scsl, also called the sierra leone tribunal, was a judicial body set up by the government of sierra leone and the united nations to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and sierra leonean law committed in sierra leone after 30 november 1996 and during the. The special court for sierra leone was a judiciary body established in 2002 by the government of the republic. Cognisant of the provisions of article 17 of the statute of the special court for sierra leone the statute, rules 46, 73 and 77 of the rules ofprocedure and evidence ofthe special court for sierra leone cthe rules and the code of professional conduct for counsel with the right of aud ience before the special court for sierra leone the. Statute of the international criminal tribunal for the prosecution of persons responsible for.
Public law 116140 04282020 each update of the united states code is a release point. The contribution of the special court for sierra leone to the. The act of apprehending and taking a suspect or an accused into. The special court shall function in accordance with the statute of the special court for sierra leone. Tom chaseman, rule of law specialist, selfemployed 7. Human rights watch analysis of colombiafarc agreement. The sentencing legacy of the special court for sierra leone core. International criminal tribunal for the former yugoslavia icty. Text document law to amend the 2001 law on the establishment of the extraordinary chambers 20041027.
The united nations security council adopted resolution 15, of 14 august 2000. Dec 21, 2015 human rights watch is a 501c3 nonprofit registered in the us under ein. War crimesunder the rome statute of the international. A majority of the directors, from time to time, shall form a quorum for the transaction of business.
Adopting the terminology of nick donovan, the architecture and plumbing of the. Related document s security council resolution 15 2000 on establishment of a special court for sierra leone cite as. The statute of the court was agreed as part of the same negotiation process. T he c om m ittee established pursuant to a rticle 7 of the a greem ent. Legality of amnesties in international humanitarian law. In practice, however, the prosecutor never charged. Law on the establishment of the extraordinary chambers. Special court for sierra leone can demonstrate the importance of building and sustaining an effective criminal justice system. The african justice cascade and the malabo protocol article pdf available in international journal of transitional justice 111 november 2016 with 315 reads how we measure reads. The appeals chamber judgment of the special court for sierra leone scsl in brima, kamara and kanu 1 is noteworthy primarily for two reasons. She graduated from the ohio state university moritz college of law and from kent. Preprint pdf available june 2018 with 6 reads how we measure reads. The ats allows victims of human rights abuses to file tortbased lawsuits for violations of the laws of nations.
Thus, if the malabo protocol comes into force, the acjhr will have jurisdiction to try the following 14 crimes. Statute of the international law commission main page. Both internal and external applicants are required to send a detailed curriculum vitae including date of birth, nationality, educational qualifications, a. I am deeply concerned about the detention by the libyan government of four icc staff while on mission in libya. Enforcement of international criminal law nick donovan 3 2 the politics of ending impunity caroline flintoft. Measures for the pr otection of victim s and w itnesses. Do articles 8 2 b iii and e iid icc statute and 4 b scsl statute fulfil the requirements of the principle of specificify in international law thesis. The agreement between the united nations and the government of sierra leone on the establishment of a special court for sierra leone, with the statute of the court annexed thereto, was signed in freetown, sierra leone, on 16 january 2002 and entered into force. All files are current through public law 116140 04282020. Each team, upon being accepted as a member of the scsl, shall be furnished with a copy of the constitution and by laws, rules of play and the policies manual of the league and this shall be deemed sufficient notice of their responsibilities. Nov, 2014 statement regarding immunity for sitting officials before the expanded african court of justice and human rights.
379 106 707 1454 606 744 956 470 120 953 847 22 1349 43 292 1272 275 137 850 693 517 1359 529 154 1171 1316 263 962 524 976 284 1274 523 706 716