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

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The Special Court for Sierra Leone was established in Freetown, Sierra Leone in 2002 after eleven years of civil war. It is part of an international strategy to overcome impunity for international crimes and leaves a great legacy with its extremely multifaceted case law. He was given worldwide attention in...

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The Special Court for Sierra Leone was established in Freetown, Sierra Leone in 2002 after eleven years of civil war. It is part of an international strategy to overcome impunity for international crimes and leaves a great legacy with its extremely multifaceted case law. He was given worldwide attention in particular by the condemnation of the then incumbent head of state of Liberia, Charles Taylor. The author appreciates the case law in the light of the overall development of international criminal law. In her work, she shows that the Special Court can be classified as an international tribunal, despite its national character. In addition to classifying the judicature in the development of international criminal law, the author also pays particular attention to the methodology of the Special Court. The author explains that the Special Court often takes a progressive position, for example with regard to the procedural obstacle of immunity and the question of a ban on amnesty anchored in customary international law. With regard to the tribunal's handling of customary international law, the author places the approach of the Special Court in the vicinity of the "modern positivism" of the two ad hoc tribunals and also identifies "creative" elements of the determination of customary international law. As a result, the author cannot describe the work of the court as an unqualified success due to some weaknesses in the depth of justification, such as in its case law on the figure of the Joint Criminal Enterprise. However, he managed to make a significant contribution to the development of international criminal law, which was still young.

Details

  • Title: The Contribution of the Special Court for Sierra Leone to International Criminal Law
  • Author: Dr. Denise Fuchs-Kaninski
  • Series: Cologne writings on peacekeeping law
  • Edition: 1st edition
  • Band: 6
  • Publisher: Prof. Dr. Claus Kress
  • University: University of Cologne
  • Published: 1st edition. 09/16/2015
  • Subject: Law
  • Product Type: Book (Hardcover)
  • Product type: Dissertation
  • Language: German
  • Binding: Hardcover
  • Dimensions: 21.0 x 14.8 cm (DIN A5)
  • Scope: 482 pages
  • Condition: New (wrapped in foil)
  • Keywords: Sierra Leone, Special Court, International Criminal Law

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