Culture under Cross-Examination
：International Justice and the Special Court for Sierra Leone
( Cambridge Studies in Law and Society )
Publication subTitle ：International Justice and the Special Court for Sierra Leone
Publication series ：Cambridge Studies in Law and Society
Author： Tim Kelsall;
Publisher： Cambridge University Press
Publication year： 2009
E-ISBN: 9781316933640
P-ISBN(Paperback): 9780521767781
P-ISBN(Hardback): 9780521767781
Subject： D99 international law
Keyword： 法律
Language： ENG
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Description
This book examines the challenges posed by the largely unfamiliar culture in which the Special Court for Sierra Leone operates. Using an approach that combines anthropological and political analysis, this book examines the roles of military command, mystical powers, child soldiers, forced marriage and fact-finding in the Special Court for Sierra Leone, arguing that cultural differences have obstructed justice and that international justice requires a more multicultural approach. Using an approach that combines anthropological and political analysis, this book examines the roles of military command, mystical powers, child soldiers, forced marriage and fact-finding in the Special Court for Sierra Leone, arguing that cultural differences have obstructed justice and that international justice requires a more multicultural approach. The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. In this book Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach. 1. White man's justice? Sierra Leone and the expanding project of international law; 2. The story of the CDF trial; 3. An unconventional army: chains of command in a patrimonial society; 4. Facts, metaphysics and mysticism: magical powers and the law; 5. We cannot accept any cultural consideration: the child soldiers charge; 6. 'He's not very forthright': finding the facts in a culture of secrecy; 7. Cultural issues in the RUF, AFRC, and Charles Taylor trials; 8. Conclusion: from legal imperialism to dialogics. '… relevant and important … Kelsall's book makes a significant contribution to our knowledge of the SCSL and of the social and legal context in which it operated.' Rachel Kerr, International Journal of Transitional Justice 'Kelsall's account is well-balanced and highlights the strategies of prosecution and defence as well as the political dimension of the trial, which was highly controversial in Sierra Leone.' Gerhard Anders, African Affairs
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