The Evolution of International Criminal Law: Prosecuting 'New' Crimes before the Special Court for Sierra Leone

2011 ◽  
Vol 11 (2) ◽  
pp. 217-239 ◽  
Author(s):  
Sara Wharton
Keyword(s):  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
Child Soldiers ◽  
International Criminal Law ◽  
Forced Marriage ◽  
Sexual Slavery ◽  
International Court ◽  
The Law ◽  
Principle Of Legality

AbstractThe Special Court for Sierra Leone has been noted for becoming the first international court to convict accused of the crimes of sexual slavery, the use of child soldiers, 'forced marriage', and intentionally directing attacks against peacekeepers. This article analyzes how prosecutions of some of these supposedly 'new' crimes were found not to be in violation of the principle of legality, nullum crimen sine lege. In particular, this article will focus on the crimes of 'forced marriage', intentionally directing attacks against peacekeepers, and sexual slavery: the judgments in the RUF case (Prosecutor v. Sesay, Kallon and Gbao) and the AFRC case (Prosecutor v. Brima, Kamara and Kanu) together reveal two different processes through which the law has proven able to evolve and adapt to accommodate so-called 'new' crimes without violating the principle of legality.

scholarly journals Custom as a Source Under Article 21 of the Rome Statute

2021 ◽  
pp. 1-13
Author(s):  
Amit KUMAR
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Principle Of Legality

Abstract The adoption of the Rome Statute is a significant moment for international criminal law. Before its formulation, the criminal law was governed by the sources mentioned in their statute or Article 38 of the Statute of the International Court of Justice [ICJ Statute]. Custom is one of the important sources within the ICJ Statute. The ad hoc tribunals applied custom and even formulated certain customs. The formulation of custom is considered as against the principle of legality. To avoid such criticism, the State Parties inserted Article 21 in the Rome Statute. The provision clarifies the law which the court can apply. The parties chose not to include custom explicitly. However, the wordings of the provision indicate that the custom is still a source for the court. Apart from the wording of Article 21, other provisions of the Statute give ample scope for the application of custom.

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.

Forced Marriage during Conflict and Mass Atrocity

2017 ◽  
Author(s):  
Valerie Oosterveld
Keyword(s):  
Human Rights ◽  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Forced Marriage ◽  
Refugee Law ◽  
Mass Atrocity

This chapter describes how forced marriage has been treated by international human rights law. It shows how non-consensual marriage has been overlooked in refugee law, even when evaluating claims by refugees fleeing conflict. The chapter also analyzes forced marriage in international criminal law, focusing on the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia. It demonstrates how international criminal law has introduced confusion over how to define and how to charge forced marriage. The chapter suggests that the lack of coherent analysis calls for more consideration of whether and how human rights, refugee, and criminal conceptions of forced marriage fit together, and advocates greater synergy and coherency.

The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law

2018 ◽  
Vol 18 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Annie Bunting ◽  
Izevbuwa Kehinde Ikhimiukor
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Courts ◽  
Forced Marriage ◽  
Sexual Slavery

The March 2016 Confirmation of Charges Decision of the Pre-Trial Chamber of the International Criminal Court in Prosecutor v. Dominic Ongwen characterized the practice of forced conjugal association as the crime against humanity of ‘other inhumane acts’. This decision of the Pre-Trial Chamber comes amidst an unsettled jurisprudence on the legal characterization of the practice of forced conjugal association. The unsettled nature of the jurisprudence has led to inconsistencies in the legal characterization of forced conjugal association as either forced marriage as an ‘other inhumane act’ or sexual slavery, a variant of the general rubric of slavery. Accordingly, this article analyses the expressive effects of the labelling by contemporary international criminal courts and tribunals of forced conjugal association as either forced marriage as an ‘other inhumane act’ or slavery.

Forced Marriage and Sexual Enslavement

Out of War ◽  
2018 ◽  
pp. 218-236
Author(s):  
Mariane C. Ferme
Keyword(s):  
Sierra Leone ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Forced Marriage ◽  
The Status

Forced Marriage, or sexual enslavement, was a second war crime added to the growing archive of international criminal law during the 1990s, with some of the earliest convictions obtained at the Special Court for Sierra Leone. At the SCSL, this crime was associated with the figure of the “bush wife” taken by rebel combatants. The questions of the translatability of forms of women’s consent in customary marriages in peacetime versus wartime settings and of the status of the witness are examined in the context of SCSL transcripts versus in-person interviews with former bush wives.

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