Digest of Jurisprudence of the Special Court for Sierra by Cyril Laucci

By Cyril Laucci

The designated courtroom for Sierra Leone was once created in 2002 to prosecute "persons who undergo the best accountability" for critical violations of foreign humanitarian legislations and Sierra Leonean legislation in Sierra Leone considering 30 November 1996. It begun supplying judgements in March 2003 and may whole its paintings by means of the tip of 2007. the current Digest is a suite of the main appropriate abstracts of selections and orders rendered by means of Chambers - Trial Chambers, Appeals Chamber, President - among March 2003 and 31 December 2005. 548 public judgements were reviewed for its education. The abstracts were chosen at the foundation in their relevance to the translation and alertness of the Statute and principles of process and facts or in their significance within the improvement of foreign legal legislations. This digest is devised as a device for practitioners of overseas legislation and teachers, with a view to help them in researching the sizeable paintings of the targeted courtroom.

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7) 59. (8) [. ] 66. The Chamber finds that the arguments raised by the Defence for Kondewa relating to the legitimacy and proportionality of an armed attack against the civilian population do 27 28 CYRIL LAUCCI not apply to the offences charged as Crimes Against Humanity in the Indictment, nor do they apply to the other offences charged in the Indictment pursuant to Article 3 Common to the Geneva Conventions of 1949 and Additional Protocol II. Crimes Against Humanity may be committed in times of peace or times of armed conflict.

52. The rejection of the use of child soldiers by the international community was widespread by 1994. ”(4) This shows that the Government of Sierra Leone was well aware already in 1996 that children below the age of 15 should not be recruited. (5) 53. Child recruitment was criminalized before it was explicitly set out as a criminal prohibition in treaty law and certainly by November 1996, the starting point of the time frame relevant to the indictments. As set out above, the principle of legality and the principle of specificity are both upheld.

The arguments raised by the Defence for Kondewa relate to charges pursuant to Grave Breaches of Additional Protocol I to the Geneva Conventions, namely Article 57, which proscribes making the civilian population or individual civilians the object of attacks, which this Chamber is not called upon to address because no Accused Person is being charged with any such violation in this trial. (1) Prosecutor v. Tadic, Judgment, 15 July 1999, Appeals Chamber, paras 248 and 251; Prosecutor v. Kunarac, Judgment, 12 June 2002, Appeals Chamber, paras 85-100, 102-104 and 336; Prosecutor v.

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