Charles Chernor Jalloh (ed.),The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law

2016 ◽  
pp. mqw048
Author(s):  
Moussa Bienvenu Haba
Keyword(s):  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
The Impact

Sources of International Humanitarian Law and International Criminal Law

2018 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
The Impact

This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.

The First Judgement of the Special Court for Sierra Leone: A Missed Opportunity?

2007 ◽  
Vol 6 (3) ◽  
pp. 367-391 ◽  
Author(s):  
Nolwenn Guibert ◽  
Tilman Blumenstock
Keyword(s):  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
Child Soldiers ◽  
International Criminal Law ◽  
Effective Control ◽  
Criminal Enterprise ◽  
Criminal Trials ◽  
International Crimes ◽  
Missed Opportunity

AbstractOn 29 June 2007, the Special Court for Sierra Leone – a criminal tribunal created by an agreement between the United Nations and Sierra Leone – rendered its first judgement. The three accused, all senior members of a military junta which had ousted the elected government, were amongst other things found guilty of "new" international crimes, such as using child soldiers and collectively punishing the civilian population. This note critically analyses the achievements and shortcomings of what can be seen as a landmark ruling in international criminal law. It discusses the court's rejection of a separate crime of "forced marriages" as well as the application of "effective control" in terms of responsibility of a superior in the context of an "African conflict". Finally, this note examines the treatment of defective pleadings in the indictment in relation to particulars, crimes committed by the accused in person, and the existence of a joint criminal enterprise. It will be demonstrated that the judgement is of significance not only for assessing the success of the Special Court for Sierra Leone, but also for future criminal trials dealing with similar charges.

Victim or Villain: Exploring the Possible Bases of a Defence in the Ongwen Case at the International Criminal Court

2017 ◽  
Vol 17 (1) ◽  
pp. 186-207 ◽  
Author(s):  
Windell Nortje
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Child Soldier ◽  
Legal Questions ◽  
The Face ◽  
The One ◽  
Mitigating Factor ◽  
The Impact

The reality of child soldiers who join rebel forces once they reach adulthood presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the icc raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen’s experiences as a child soldier could serve as a possible defence and/or as a mitigating factor.

scholarly journals R. LEMKIN'S CONTRIBUTION TO THE DEVELOPMENT OF MODERN INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW

2021 ◽  
Vol 17 (2 (24)) ◽  
pp. 141-159
Author(s):  
Ewa Salkiewicz-Munnerlyn
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Individual Responsibility ◽  
International Courts ◽  
Residual Functions ◽  
The Icj ◽  
The Individual ◽  
The Impact

This article presents the significance and impact of Lemkin's concept of genocide on the development of international law. We will randomly present the jurisprudence of international courts such as the ICJ,  the  ICC,  the ICTY and the ICTR, which analyzed the concepts of genocide, including cultural heritage crimes. Residual functions of the ICTY, including oversight of sentences and consideration of any appeal proceedings initiated since 1 July 2013, are under the jurisdiction of a successor body, the International Residual Mechanism for Criminal Tribunals  (IRMCT). The article also invites attention to the impact on R2P and the human rights, as well as international state responsibility and the individual responsibility. 

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