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118 Chapter 4 conscription of children under the age of 15 years into armed forces, pillage, and attacks on peace keepers. These fall within crimes against humanity and war crimes in which the court has developed its peculiar jurisprudence. Furthermore, the court has developed the law on the criminal responsibility of individuals who commit international crimes: individual criminal responsibility; command responsibility and superior responsibility. All persons convicted by the court were charged under these forms of criminal responsibility. It is in the above and other aspects that the SCSL will be remembered as well as the role it played in rendering justice to the victims of the brutal armed conflict in Sierra Leone. The jurisprudence of the SCSL will certainly be helpful to international courts dealing with international crimes in Africa and other parts of the world.
CHAPTER 5 1 Introduction SENTENCING PRACTICE OF THE SPECIAL COURT FOR SIERRA LEONE * LL.B (Botswana), LLM, Doctoral Candidate (Pretoria); Lecturer, University of Botswana, Gaborone, Botswana. 1 Report of the Truth and Reconciliation Commission of Sierra Leone (2004) 27. 2 The award-winning documentary film by Sorious Samura, Cry Freetown, shows the shocking nature of the atrocities committed, shown to the author on a visit to the SCSL in Sierra Leone. I visited the SCSL from 3 - 10 June 2008. 3 TRC Report (n 1 above) 27. 4 T Negash ‘Accomplishments, shortcomings and challenges: Evaluation of the Special Court for Sierra Leone’ Unpublished LLM dissertation, University of Pretoria (2000) 7. 5 MC Nicol-Wilson ‘The realisation of the right to bail in the Special Court for Sierra Leone: Problems and prospects’ (2007) 7 African Human Rights Law Journal 506-509. 119 Bonolo Dinokopila* Sierra Leone was plagued by a bloody and shocking war for slightly more than a decade. As described by the Sierra Leone Truth and Reconciliation Commission (TRC), it was the ‘most shameful years of Sierra Leone’s history’ and a period which ‘reflects an extraordinary failure of leadership on the part of all those involved in government, public life and civil society’. 1 During the war many terrible atrocities were committed by the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the Sierra Leone Army (SLA) and the Civil Defence Forces (CDF). 2 The war was characterised by indiscriminate violence and was waged largely by Sierra Leoneans against Sierra Leoneans and all factions specifically targeted civilians. 3 More than half of the people of Sierra Leone were displaced during the civil war. Between 100 000 and 200 000 people were killed with more than 40 000 maimed during the conflict. 4 In short, gross human rights abuses were rampant during this decade-long war. The leadership of the various parties to the conflict were responsible for either authorising or instigating human rights violations against civilians or alternatively for failing to stop such practices. 5
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Prosecuting International Crimes in
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1 2 TABLE OF CONTENTS FOREWORD ix C
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6 7 8 6 Relevance of the jurisprude
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12 13 14 4 Conclusion 246 PART IV:
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FOREWORD I write this foreword with
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CONTRIBUTORS Benson Olugbuo is a So
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1 INTRODUCTION Chacha Murungu* & Ja
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Introduction 3 The commission of in
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Introduction 5 Apart from internati
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Introduction 7 resort. The conclusi
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PART I: GENERAL ISSUES IN THE PROSE
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12 Chapter 1 oblige states to prose
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14 Chapter 1 3 The obligation to pr
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16 Chapter 1 perpetrators of these
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18 Chapter 1 namely, national, ethn
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20 Chapter 1 the International Crim
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22 Chapter 1 amnesties for serious
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24 Chapter 1 payment of compensatio
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26 Chapter 1 punish international c
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28 Chapter 1 notorious violations o
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30 Chapter 1 in the case of the cou
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CHAPTER 2 1 Introduction IMMUNITY O
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Immunity of state officials and pro
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PART II: INTERNATIONAL COURTS AND P
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64 Chapter 3 evidentiary areas of i
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66 Chapter 3 pioneering effort in a
Page 80 and 81: 68 Chapter 3 particular group, the
Page 82 and 83: 70 Chapter 3 Indisputably, the abse
Page 84 and 85: 72 Chapter 3 The Akayesu judgment,
Page 86 and 87: 74 Chapter 3 particularly in light
Page 88 and 89: 76 Chapter 3 for the destruction of
Page 90 and 91: 78 Chapter 3 being of persons, in p
Page 92 and 93: 80 Chapter 3 conflict - the ‘war
Page 94 and 95: 82 Chapter 3 Chamber had itself fou
Page 96 and 97: 84 Chapter 3 found in the first pla
Page 98 and 99: 86 Chapter 3 of the Statute than
Page 100 and 101: 88 Chapter 3 The majority’s appro
Page 102 and 103: 90 Chapter 3 duties as a superior e
Page 104 and 105: 92 Chapter 3 present at the trial,
Page 106 and 107: 94 Chapter 3 international crimes.
Page 108 and 109: 96 Chapter 3 advanced nor argued an
Page 110 and 111: 98 Chapter 4 Unlike the Internation
Page 112 and 113: 100 Chapter 4 years imprisonment wh
Page 114 and 115: 102 Chapter 4 The Prosecutor’s de
Page 116 and 117: 104 Chapter 4 2.3 SCSL and the Trut
Page 118 and 119: 106 Chapter 4 who bear the greatest
Page 120 and 121: 108 Chapter 4 responsibility for in
Page 122 and 123: 110 Chapter 4 population’. 76 The
Page 124 and 125: 112 Chapter 4 2.5.1 Acts of terrori
Page 126 and 127: 114 Chapter 4 and Additional Protoc
Page 128 and 129: 116 Chapter 4 Essentially, there mu
Page 132 and 133: 120 Chapter 5 The United Nations Se
Page 134 and 135: 122 Chapter 5 There are two main th
Page 136 and 137: 124 Chapter 5 goal of rehabilitatio
Page 138 and 139: 126 Chapter 5 that punitur quia pec
Page 140 and 141: 128 Chapter 5 circumstances of the
Page 142 and 143: 130 Chapter 5 retribution, deterren
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Page 146 and 147: 134 Chapter 5 children. 111 Those o
Page 148 and 149: 136 Chapter 5 assessed’. 119 In m
Page 150 and 151: 138 Chapter 5 that there were no mi
Page 152 and 153: 140 Chapter 5 Santigie Borbor Kanu
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Page 156 and 157: 144 Chapter 5 has adopted a tone th
Page 158 and 159: 146 Chapter 6 However, with the adv
Page 160 and 161: 148 Chapter 6 2. 1 Africa-ICC relat
Page 162 and 163: 150 Chapter 6 national elections, c
Page 164 and 165: 152 Chapter 6 resolution may be ill
Page 166 and 167: 154 Chapter 6 He has added that his
Page 168 and 169: 156 Chapter 6 out of a desire to av
Page 170 and 171: 158 Chapter 6 (b) US legislation to
Page 172 and 173: 160 Chapter 6 encourage countries o
Page 175 and 176: CHAPTER 7 1 Introduction THE TRIAL
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The trial of Mengistu and other Der
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CHAPTER 8 1 Introduction THE TRIAL
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The trial of Hissène Habré in Sen
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CHAPTER 9 1 Introduction PROSECUTIN
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2 Genesis of the conflict Prosecuti
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Prosecuting international crimes by
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CHAPTER 10 1 Introduction GENOCIDE
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Genocide as prosecuted by the ICTR
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8 Reparations Genocide as prosecute
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234 Chapter 11 losses in excess of
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236 Chapter 11 piracy’. 14 In add
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238 Chapter 11 aircraft in accordan
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240 Chapter 11 and it is easy to av
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242 Chapter 11 phone. They took ove
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244 Chapter 11 3.3 Capacity problem
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246 Chapter 11 support us. They did
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CHAPTER 12 Benson 1 Introduction PO
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Positive complementarity and the fi
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278 Chapter 13 international crimin
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280 Chapter 13 Africa’s involveme
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282 Chapter 13 countries has tended
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284 Chapter 13 passed domesticating
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286 Chapter 13 crimes within their
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288 Chapter 13 offences. Procedural
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290 Chapter 13 Constitution, 62 thi
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292 Chapter 13 4.1.3 The law regula
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294 Chapter 13 either reciprocal or
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296 Chapter 13 committed to fightin
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298 Chapter 13 The procedure for th
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300 Chapter 13 trial. While the Rom
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302 Chapter 13 Having draft legisla
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CHAPTER 14 Lee 1 Introduction IMPLE
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Implementation of the Rome Statute
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Books SELECTED BIBLIOGRAPHY Allen,
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Selected bibliography 333 Neier A (
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Selected bibliography 335 Chitiyo,
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Selected bibliography 337 Jalloh, C
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Selected bibliography 339 Roht-Arri
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Selected bibliography 341 Report on
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Table of cases 343 Right of Passage
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Table of cases 345 Prosecutor v Vas
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Table of cases 347 Muhimana v Prose
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Table of cases 349 Prosecutor v Rut
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Table of cases 351 and the Governme
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Table of cases 353 Prosecutor v Ses
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Table of cases 355 GAOR, 45th Sess.
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Table of cases 357 R v Bow Street M
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360 Subject index Domestication ...
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362 Subject index S Selective justi
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