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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.
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Digest of Jurisprudence of the Special Court for Sierra Leone
Digest of Jurisprudence of the Special Court for Sierra Leone 2003-2005
CYRIL LAUCCI
MARTINUS NIJHOFF PUBLISHERS LEIDEN / BOSTON
A C.I.P. record for this book is available from the Library of Congress.
Printed on acid-free paper.
ISBN-13: 978 90 04 15234 2 ISBN-10: 90 04 15234 2 © 2007 by Koninklijke Brill NV, Leiden, The Netherlands Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishers, IDC Publishers, Martinus Nijhoff Publishers and VSP. www.brill.nl All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill Academic Publishers provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject to change. Printed and bound in The Netherlands.
This book is dedicated to all the victims of the armed conflict in Sierra Leone, to orphans, to widows, to former child-soldiers and to all those who are now condemned to an endless hand-less begging.
This book is also dedicated to my father, who was an orphan of another war, And who had beautiful hands with which, as a potter, he could make magic.
CONTENTS Foreword by Honorable Justice Raja Fernando ............................ Foreword by Mr. Lovemore Munlo, SC .......................................... Introduction ..........................................................................................
xi xiii xv
PART I
STATUTE OF THE SPECIAL COURT Article 1 – Competence of the Special Court .................................. Article 2 – Crimes against Humanity ................................................ Article 3 – Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II .................................... Article 4 – Other Serious Violations of International Humanitarian Law ............................................................................ Article 6 – Individual Criminal Responsibility .................................. Article 8 – Concurrent Jurisdiction .................................................... Article 9 – Non Bis in Idem .............................................................. Article 10 – Amnesty .......................................................................... Article 13 – Qualification and Appointment of Judges .................... Article 14 – Rules of Procedure and Evidence ................................ Article 15 – The Prosecutor .....................................