Foreword

Preface

Table of Contents

Abbreviations

Chapter 1: 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

6. [International] Peacekeeping Forces

Chapter 3: 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

2. Substantive Jurisdiction (rationae materiae)

a) Crimes against Humanity

b) Violations of Article 3 Common to the Geneva Conventions and of AP II

c) Other Serious Violations of International Humanitarian Law

d) Crimes under Sierra Leonean Law

3. Personal Jurisdiction (rationae personae)

4. Temporal Jurisdiction (rationae temporis)

5. Territorial Jurisdiction

6. The Cases before the Special Court

7. Conclusion

Chapter 4: The Special Court’s Case on Law Crimes against Humanity

I. Notion and Development of Crimes against Humanity

II. The Special Court’s Definition and Rationale of Crimes against Humanity

III. 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

7. Rape, Sexual Slavery, Enforced Prostitution, Forced Pregnancy and any other Form of Sexual Violence

a) Rape

aa) The Characterization of Rape in International Criminal Law

b) Sexual Slavery

aa) Substantive Elements (actus reus)

bb) Mental Element (mens rea)

c) Enforced Prostitution

d) Forced Pregnancy

e) Other Forms of Sexual Violence

8. Persecution on Political, Racial and Religious Grounds

9. Other Inhumane Acts

VI. Conclusion

Chapter 5: The Special Court’s Case Law on War Crimes

I. The Notion of War Crimes

II. The Regulation of International and Non-international Armed Conflicts

III. The Applicability of Article 3 of the SCSL Statute

IV. The Nature of the Conflict in Sierra Leone

1. International or Non-international Armed Conflict?

a) General Remarks

b) Special Court Jurisprudence

2. The Impact of the ECOMOG and UNAMSIL Intervention

a) ECOMOG Intervention

b) UNAMSIL Intervention

3. The Involvement of Foreign Mercenaries

4. The British Intervention

5. Evaluation of Special Court Characterization of the Nature of the Conflict in Sierra Leone

V. Temporal and Territorial Applicability of Common Article 3 and AP II

VI. Nexus to Armed Conflict

VII. The Elements of the Acts Enumerated in Article 3 of SCSL Statute

1. Violence to Life, Health and Physical or Mental Well-being of Persons, in Particular Murder as well as Cruel Treatment such as Torture, Mutilation or any Form of Corporal Punishmed

2. Collective Punishments

3. Taking of Hostages

4. Acts of Terrorism

5. Outrages upon Personal Dignity, in Particular Humiliating and Degrading Treatment, Rape, Enforced Prostitution and any Form of Indecent Assault

6. Pillage

7. The Passing of Sentences and the Carrying out of Executions without Previous Judgment Pronounced by a Regularly Constituted Court, Affording all the Judicial Guarantees which are Recognized as Indispensable by Civilized Peoples

VIII. Conclusion

Chapter 6: The Special Court’s Case Law on other Serious Violations of IHL

I. The Notion of Customary International Law

II. Intentionally Directing Attacks against Personnel, Installations, Material, Units or Vehicles Involved in a Humanitaran Assistance or Peacekeeping Mission in Accordance with the Charter of the United Nations

1. Treaties and other Legal Instruments

2. Protection given to Civilians and Civilian Objects

3. The Practice of the Special Court

a) The Accused Directed an Attack against Personnel, Installations, Material, Units or Vehicles Involved in a Humanitarian Assistance or Peacekeeping Mission in Accordance with the Charter of the United Nations

b) The Accused Intended such Personnel, Installations, Material, Units or Vehicles to be the Object of the Attack

c) Such Personnel, Installations, Material, Units or Vehicles were Entitled to that Protection given to Civilians or Civilian Objects under the International Law of Armed Conflict

d) The Accused knew or had Reason to know that the Personnel, Installations, Material, Units or Vehicles were Protected

III. Conscripting or Enlisting Children under the Age of 15 Years into Armed Forces or Groups or Using them to Participate Actively in Hostilities

1. General Remarks

2. Foundation of the Crime

3. The Conscripting or Enlisting Children under the Age of 15 Years into Armed Forces or Groups or Using them to Participate Actively in Hostilities as Customary International Law?

4. The Jurisprudence of the Special Court

a) Material Elements

aa) Conscription and Enlistment

bb) (National Armed Forces), Armed Forces and Armed Groups

cc) Active Participation in Hostilities

b) Mental Elements – The knew or should have known Test

Chapter 7: Crimes under Sierra Leonean Law

Chapter 8: The Legacy of the Special Court

I. Jurisprudence on Amnesty

1. What is an International Crime?

2. The Concept of Amnesty

3. International Criminal Law Conventions

4. General Human Rights Conventions

5. Soft Law Documents

II. Jurisprudence on Forced Marriage

1. General Remarks

2. The Concept of Forced Marriage

3. The Requirement of Consent

III. Jurisprudence on Head of State Immunity

1. Jurisdictional Requirement

2. Internationality Requirement

a) Head of State Immunity as a Bar to Criminal Proceedings?

b) The Obligation of Third States to Cooperate

c) What are the Common Factors/Criteria for an International Criminal Court?

IV. Jurisdiction over Children between 15 and 18 Years of Age

V. Jurisprudence on Sentencing

1. Primary Objectives of Sentencing

a) Retribution

b) Deterrence

2. The Regulatory Framework for Sentencing at the Special Court

3. The Practice of Sentencing at the Special Court

VI. Outreach Section

Chapter 9: General Conclusion

German Summary

Bibliography

Special Court Judgments, Decisions and other Documents

1. Appeal Judgments (A) (chronological)

2. Trial Judgments (T) (chronological)

3. Appeal Decisions (Decision on Interlocutory) (chronological)

4. Decisions (chronological)

5. Indictments (chronological)

ICTY Judgments, Decisions and Indictments

1. Appeal Judgments (A) (chronological)

2. Judgments (T) (chronological)

3. Appeal Decisions (chronological)

4. Decisions (T)

5. Indictments (chronological)

ICTR Judgments and Indictments

1. Appeal Judgments (A) (chronological)

2. Judgments (T) (chronological)

3. Indictments

Other Jurisprudence and Documents

1. International Court of Justice (chronological)

2. International Criminal Court (chronological)

3. Special Tribunal for Lebanon

4. African Court on Human and Peoples’ Rights

5. European Court of Human Rights

6. Inter-American Court of Human Rights

7. Inter-American Commission of Human Rights

8. Nuremberg Tribunal (chronological)

9. Israel

10. Malaysia

11. United Kingdom (chronological)

12. United States of America (chronological)

13. Women’s International War Crimes Tribunal for the Trial of Japan’s Military Sexual Slavery

United Nations Documents

1. United Nations Security Council Resolutions (chronological)

2. United Nations General Assembly Resolutions (chronological)

3. United Nations Secretary-General Reports (chronological)

4. Other United Nations Documents (alphabetical)

Table of other Authorities

1. Domestic Laws (alphabetical)

2. International Legal Instruments and Commentaries (alphabetical)

3. List of other Legal Authorities (alphabetical)

4. Statutes of International Criminal Courts (alphabetical)

Index