The Contribution of the Special Court for Sierra Leone to the Development of International Humanitarian Law

The Special Court marked a new approach by the international community to violations of international humanitarian law. Its mode of creation i.e. through an agreement between the UN and the Government of Sierra Leone – as compared to the UN aad hoc Tribunals that were established pursuant to Chapter...

Full description

Main Author: Njikam, Ousman
Format: eBook
Language:English
Published: Berlin Duncker & Humblot 2013, 2013
Edition:1., neue Ausg
Series:Beiträge zum Internationalen und Europäischen Strafrecht
Online Access:
Collection: Duncker & Humblot eBooks 2007- - Collection details see MPG.ReNa
Table of Contents:
  • Introduction; Chapter 2: Politico-Historical Context of Sierra Leone priorto during the Conflict; I. Pre-Colonial Phase; II. Post-Colonial Phase; III. The Peace Settlements; IV. The Parties to the Conflict; 1. The Republic of Sierra Leone Military Forces and Assimilated; a) Republic of Sierra Leone Military Forces; b) The Armed Forces Revolutionary Council; 2. The Revolutionary United Front; 3. The National Patriotic Front for Liberia; 4. The Civil Defence Force; 5. Private Military Companies
  • The Special Court's Case Law on War Crimes; I. The Notion of War Crimes
  • Objective, Establishment, Jurisdiction and Organization of the Special Court; I. The Objective / Aim of the Special Court; 1. Political Objective; 2. Humanitarian Objective; 3. Legal Objective; II. Establishment; III. Organization of the Special Court; 1. The Chambers; 2. The Office of the Prosecutor; 3. The Registry; IV. Jurisdiction (Concurrent, Primary and Complementary); 1. General Remarks; a) Genuine Unwillingness or Inability of Sending State; b) Security Council Authorization; c) Security Council Authorization based on any State Proposal
  • II. The Special Court's Definition and Rationale of Crimes against HumanityIII. The Contextual Elements (Part of a Widespread or Systematic Attack against any Civilian Population); 1. A widespread or Systematic Attack; a) The Word Attack; b) The Phrase Widespread or Systematic; 2. Any Civilian Population; 3. ‚Part of'; IV. The Mental Element (mens rea); 1. The Discriminatory Element; V. The Elements of the Acts Enumerated in Article 2 SCSL Statute; 1. Murder; 2. Extermination; 3. Enslavement; 4. Deportation; 5. Imprisonment; 6. Torture
  • The Special Court's Case on Law Crimes against Humanity; I. Notion and Development of Crimes against Humanity
  • II. The Regulation of International and Non-international Armed Conflicts