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The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.
International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone)
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"The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach"--Provided by publisher.
International criminal courts --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Criminal courts --- International courts --- Complementarity (International law) --- Social aspects --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone)
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The Special Court for Sierra Leone was created in 2002 to prosecute “persons who bear the greatest responsibility” for serious violations of international humanitarian law and Sierra Leonean law in Sierra Leone since 30 November 1996. It started delivering decisions in March 2003 and should complete its work by the end of 2007. The present Digest is a collection of the most relevant abstracts of decisions and orders rendered by Chambers – Trial Chambers, Appeals Chamber, President – between March 2003 and 31 December 2005. 548 public decisions have been reviewed for its preparation. The abstracts have been selected on the basis of their relevance to the interpretation and application of the Statute and Rules of Procedure and Evidence or of their importance in the development of international criminal law. This Digest is devised as a tool for practitioners of international law and academics, which will assist them in discovering the substantial work of the Special Court.
Special Court for Sierra Leone. --- Crimes against humanity --- International criminal courts --- Crimes contre l'humanité --- Crimes de guerre --- Tribunaux criminels internationaux --- Criminal courts --- International courts --- Complementarity (International law) --- Crime --- International crimes --- Genocide --- War crimes --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone) --- Digests --- Jurisprudence --- Répertoires
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The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing 'greatest responsibility' for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a DVD and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor volume Brima, Kamara and Kanu. It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is only the first in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal’s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. N.B.: The hardback copy of this title contains a DVD with documents. The e-book version does not.
International criminal law --- International criminal courts --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Criminal courts --- International courts --- Complementarity (International law) --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone)
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The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing 'greatest responsibility' for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor volume Norman, Fofana and Kondewa (The CDF Case). It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is the second in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal’s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. N.B.: The hardback copy of this title contains a CD-ROM with the scanned decisions that are reproduced in the book and the trial transcripts. The e-book version does not.
Humanitarian law --- Humanitarian conventions --- International humanitarian law --- War (International law) --- International criminal law --- International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone)
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The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. In this book Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach.
International criminal courts --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Criminal courts --- International courts --- Complementarity (International law) --- Social aspects --- Special Court for Sierra Leone. --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone) --- Law --- General and Others
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This important book considers whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. A leading authority on the application of international criminal justice in Africa, Charles Jalloh argues that the SCSL, as an innovative hybrid international penal tribunal, made useful jurisprudential additions on key legal questions concerning greatest responsibility jurisdiction, the war crime of child recruitment, forced marriage as a crime against humanity, amnesty, immunity and the relationship between truth commissions and criminal courts. He demonstrates that some of the SCSL case law broke new ground, and in so doing, bequeathed a 'legal legacy' that remains vital to the ongoing global fight against impunity for atrocity crimes and to the continued development of modern international criminal law.
International criminal courts --- International criminal law. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Criminal courts --- International courts --- Complementarity (International law) --- Special Court for Sierra Leone --- Sierra Leone. --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- United Nations. --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone) --- Influence.
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This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Règlements et procédure --- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. --- International Tribunal for Rwanda. --- Sierra Leone. --- Règlements et procédure --- International Criminal Tribunal for Rwanda. --- Special Court for Sierra Leone. --- International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia --- International Criminal Tribunal for the Former Yugoslavia --- International Tribunal for the Former Yugoslavia --- Tribunal pénal international pour l'Ex-Yougoslavie --- ICTY --- TPIY --- Tribunal international chargé de poursuivre les personnes présumées responsables de violations graves du droit international humanitaire commises sur le territoire de l'ex-Yougoslavie depuis 1991 --- Međunarodni trubunal za suđenje licima odgovornim za teške povrede međunarodnog humanitarnog prava na teritoriji bivše Jugoslavije od 1991. godine --- Haški tribunal --- United Nations. --- Hague Tribunal --- Internationaler Strafgerichtshof in Den Haag --- Haiya shen pan --- Mezhdunarodnyĭ tribunal po byvsheĭ I︠U︡goslavii --- MTBI︠U︡ --- Mechanism for International Criminal Tribunals --- ICTR (International Criminal Tribunal for Rwanda) --- International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 --- International Tribunal for Rwanda --- International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States --- Rwanda Tribunal --- TPIR (Tribunal for Rwanda) --- Tribunal pénal international chargé de juger les personnes présumées responsables d'actes de génocide ou d'autres violations graves du droit international humanitaire commis sur le territoire du Rwanda et les citoyens rwandais présumés responsables de tels actes ou violations commis sur le territoire d'états voisins entre le 1er janvier et le 31 décembre 1994 --- Tribunal pénal international pour le Rwanda --- Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda --- United Nations --- Sierra Leone Special Court --- Tribunal pénal spécial sierra-léonais --- T.P.S.S.L. --- TPSSL --- Sierra Leone Tribunal --- Special Court of Sierra Leone --- SCSL (Special Court for Sierra Leone) --- International criminal courts. --- Tribunaux criminels internationaux --- Rules and practice. --- International Criminal Court for Rwanda --- Law --- General and Others --- Tribunal international pour le rwanda --- Tribunal pénal international pour l'ex-yougoslavie --- Tribunal pénal international pour la sierra leone
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