Prosecuting International Crimes in Africa - PULP - University of ...

PART II: INTERNATIONAL COURTS AND THE PROSECUTION
OF INTERNATIONAL CRIMES IN AFRICA
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The contribution of the International Criminal Tribunal for
Rwanda to the development of international criminal law
George William Mugwanya
1 Introduction 63
2 Genocide: Group victims, physical and mental
elements 64
3 Rape and sexual violence as genocide 68
4 The elements of the crime of rape in international
law 71
5 Direct and public incitement to commit genocide:
Protecting freedoms and punishing genocidal
speeches 73
6 War crimes in non-international armed conflicts 77
7 Scope of ‘commission’ as a mode of criminal
participation 82
8 Superior responsibility is not mere negligence and
extends to non-military superiors 88
9 Other issues 90
10 Concluding remarks 93
Prosecution and punishment of international crimes by the
Special Court for Sierra Leone
Chacha Murungu
1 Introduction 97
2 Principles and jurisprudence developed by the
Special Court for Sierra Leone 101
2.1 Persons who bear the greatest responsibility for
international crimes 101
2.3 SCSL and the Truth and Reconciliation
Commission of Sierra Leone 104
2.4 Amnesty for international crimes 106
2.5 Crimes against humanity and war crimes:
A general interpretation 109
2.6 Application of international humanitarian law to
non-international armed conflicts 113
2.7 Criminal responsibility for international crimes 114
3 Conclusion 117
Sentencing practices of the Special Court for Sierra Leone
Bonolo Dinokopila
1 Introduction 119
2 Theories and objectives of punishment 121
3 Purpose of sentencing at the international level 124
4 The sentencing practice of the Special Court for
Sierra Leone 127
4.1 Objectives of punishment and the Special Court
for Sierra Leone 130
5 The contribution of the Appeals Chamber in the
sentencing practice of the SCSL 140
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