Relevant bibliographies by topics / Sociological jurisprudence – Sierra Leone

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Academic literature on the topic 'Sociological jurisprudence – Sierra Leone'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Sociological jurisprudence – Sierra Leone"

1

Njikam, Ousman. "The Jurisprudence Of The Special Court For Sierra Leone." Criminal Law Forum 19, no. 3-4 (September 5, 2008): 579–87. http://dx.doi.org/10.1007/s10609-008-9077-6.

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KAMARA, JOSEPH F. "Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone." Leiden Journal of International Law 22, no. 4 (October 28, 2009): 761–77. http://dx.doi.org/10.1017/s0922156509990215.

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AbstractSierra Leone experienced particularly heinous and widespread crimes against humanity and war crimes during its eleven years of civil war from 1991 to 2002. During the war, the civilian population was targeted by all the fighting factions. Civilians were captured, abducted, and held as slaves used for forced labour. The Special Court for Sierra Leone was established by the government of Sierra Leone and the United Nations in 2002, through Security Council Resolution 1315. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in Sierra Leone since 30 November 1996. The aim of this paper is to sketch out the extent to which the jurisprudence of the Special Court can serve as a model for efficient and effective administration of criminal justice nationally through the preservation of its legacy.
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Mujuzi, Jamil Ddamulira. "War Criminals Transferred to Serve their Sentences in Foreign Countries and their Right to Family Life: A Comment on the Residual Special Court for Sierra Leone’s Decision in Charles Ghankay Taylor’s Motion for Termination of Enforcement of Sentence in the United Kingdom and for Transfer to Rwanda." Law & Practice of International Courts and Tribunals 15, no. 3 (December 30, 2016): 419–44. http://dx.doi.org/10.1163/15718034-12341332.

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The Special Court for Sierra Leone (scsl), now the Residual Special Court for Sierra Leone, convicted Mr. Charles Taylor of war crimes and sentenced him to 50 years’ imprisonment. On 15 October 2013, pursuant to an agreement between the scsl and the United Kingdom, Mr. Taylor was transferred to serve his sentence in the United Kingdom. In 2014, he challenged his continued imprisonment in the United Kingdom on the grounds, inter alia, that it violated his right to family life and that he should be transferred to serve his sentence in Rwanda. On 30 January 2015, the Residual Special Court for Sierra Leone dismissed Mr. Charles Taylor’s application. The Court’s decision was made public on 25 March 2015. The purpose of this article is to argue that the Court’s decision did not further Mr. Taylor’s right to family life as it left many important questions unanswered. This could be attributed to the Court’s failure to refer to the relevant international human rights jurisprudence on the issue. Although in the case the Court dealt with the issue of cruel and inhuman punishment, this issue is not discussed in detail in this article. This article is mainly concerned with the right to family life.
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Le Diraison, F. "Cyril Laucci, Digest of Jurisprudence of the Special Court for Sierra Leone 2003-2005." Journal of International Criminal Justice 6, no. 1 (March 1, 2008): 154. http://dx.doi.org/10.1093/jicj/mqm078.

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Waschefort, Gus. "Justice for Child Soldiers? The RUF Trial of the Special Court for Sierra Leone." Journal of International Humanitarian Legal Studies 1, no. 1 (2010): 189–204. http://dx.doi.org/10.1163/187815210x12766020140008.

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AbstractThe Revolutionary United Front (RUF) was the primary agitator during the decade-long civil war that ravaged Sierra Leone. One of the hallmarks of RUF tactics was the abduction and military use of children. The Special Court for Sierra Leone (SCSL) issued an indictment against the high-command of the RUF. Each of the accused was charged with the enlistment, conscription or use of child soldiers. The Prosecutor v. Sesay, Kallon and Gbao case (RUF case) provides a cogent account of the crime of conscripting or using children younger than fifteen in hostilities. This paper tracks the development of the growing child soldier jurisprudence and plots the contribution of the RUF case. Specific emphasis is placed on the Court's application of abstract concepts to concrete situations, e.g. the determination whether a specific instance of child soldier use amounts to the child's 'active participation in hostilities'. The paper follows a progression whereby the chapeau requirements of Article 4 of the Statute of the SCSL are first assessed and thereafter the actus reus and mens rea elements of the substantive crime of enlisting, conscripting or using children in hostilities are examined in light of the RUF case.
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Mouser, Nancy Fox. "Peter Hartwig, 1804-1808: Sociological Perspectives in Marginality and Alienation." History in Africa 31 (2004): 263–302. http://dx.doi.org/10.1017/s0361541300003491.

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All social groups make rules and attempt, at some times and under some circumstances, to enforce them. Social rules define situations and the kinds of behavior appropriate to them, specifying some actions as “right” and forbidding others as “wrong.” When a rule is enforced, the person who is supposed to have broken it may be seen as a special kind of person, one who cannot be trusted to live by the rules agreed on by the group. He is regarded as an outsider.But the person who is thus labeled an outsider may have a different view of the matter. He may not accept the rule by which he is being judged and may not regard those who judge him as either competent or legitimately entitled to do so. Hence, a second meaning of the term emerges: the rule-breaker may feel his judges are outsiders.Peter Hartwig was a German seminarian recruited by the Church Missionary Society in 1803 to serve as one of its first two missionaries in Africa. He was sent to Freetown, a settlement established for Africans and people of African descent who had returned to Africa from Britain and the Americas. Hartwig was to reside at Freetown temporarily and to be supervised while there by a locally-based Corresponding Committee composed of Sierra Leone Company officials. The Society directed that, after a year's residence in Sierra Leone, Hartwig and his fellow recruit Melchior Renner would establish a mission among Susu peoples north of Freetown, where they were to convert indigenous Africans to Christianity. Hartwig, however, failed to meet the Society's expectations, violated the norms of the Corresponding Committee that the Society had established at Freetown to guide mission progress, and left the Society's service within three years of reaching the coast. He seemingly had become unable to adjust to changing realities, a wrongdoer and a moral example to other missionaries of what to avoid becoming.3 How are we to interpret his failure from a sociological perspective?
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Oosterveld, Valerie. "Forced Marriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Difficulties." Journal of International Humanitarian Legal Studies 2, no. 1 (2011): 127–58. http://dx.doi.org/10.1163/187815211x587727.

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AbstractForced marriage was endemic during the Sierra Leonean conflict. Girls and women forced to serve as 'wives' to rebel soldiers were usually expected to submit to ongoing rape and to provide domestic labour to their 'husbands'. Many of these 'wives' suffer from continuing stigmatization. The Prosecutor of the Special Court for Sierra Leone brought forced marriage charges as a crime against humanity through the category of inhumane acts against Brima, Kamara and Kanu, affiliated with the Armed Forces Revolutionary Council (AFRC), and Sesay, Kallon and Gbao, affiliated with the Revolutionary United Front (RUF). This article considers two benefits stemming from the resulting jurisprudence: the naming of forced marriage as an inhumane act and the acknowledgement of forced marriage as a violation not captured by other legal terms. However, conceptual difficulties remain: how should forced marriage be defined so as to fulfil the principle of nullum crimen sine lege? Is forced marriage more accurately labelled as enslavement? And, is conjugality accurately captured as a defining feature of forced marriage? If forced marriage is to be successfully prosecuted in other contexts – for example, in the Extraordinary Chambers in the Courts of Cambodia – then more attention must be paid to resolving these questions.
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Das, Shruti, and Deepshikha Routray. "Climate Change and Ecocide in Sierra Leone: Representations in Aminatta Forna’s Ancestor Stones and The Memory of Love." eTropic: electronic journal of studies in the Tropics 20, no. 2 (September 10, 2021): 221–39. http://dx.doi.org/10.25120/etropic.20.2.2021.3812.

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War has been instrumental in destroying land and forests and thus is a major contributor to climate change. Degradation due to war has been especially significant in Africa. The African continent, once green, is now almost denuded of its rich forests and pillaged of its precious natural resources due to the brutality of colonisation and more recent postcolonial civil wars. In Sierra Leone the civil war continued for over eleven years from 1991 to 2002 and wrought havoc on the land and forests. Thus the anxiety and trauma suffered by the people not only includes the more visible aspects of human brutality, but also the long lasting effects of ecocide which relate to climate change. Underlying narratives that address traumatic ecological disasters is a sense of anxiety and depression resulting from the existential threat of climate change. This paper demonstrates how narratives can metaphorically represent both ecocide and climate change and argues that such stories help people in tackling the real life stresses of anxiety and trauma. To establish the argument this paper has drawn on scientific and sociological data and placed these vis-à-vis narrative episodes in Aminatta Forna’s novels Ancestor Stones (2006) and The Memory of Love (2010). In these novels Forna depicts the ecological crisis that colonisation and civil war have wrought on Sierra Leone. The anxiety and post-traumatic stress disorder – of war and ecocide – suffered by the fictional Sierra Leonean characters are explained through Cathy Caruth’s trauma theory.
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J0rgensen, Nina H. B. "The early jurisprudence of the special court for Sierra Leone from the perspective of the rights of the accused." ERA Forum 5, no. 4 (December 2004): 545–61. http://dx.doi.org/10.1007/s12027-004-0018-5.

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Abdulai, Emmanuel Saffa. "Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency." IALS Student Law Review 8, no. 1 (March 3, 2021): 3–18. http://dx.doi.org/10.14296/islr.v8i1.5266.

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The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.
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Dissertations / Theses on the topic "Sociological jurisprudence – Sierra Leone"

1

Sonsiama, Doris A. M. "A critical analysis of the jurisprudence of the special court for Sierra Leone on the use of child soldiers." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18649.

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The use of child soldiers in armed conflicts has been common the world over for a long time now. However, over the last few decades, this practice has become widespread in Africa where armed groups recruit children as part of their war strategy and to help sustain their campaigns. This practice has left thousands of children physically and psychologically bruised with many still suffering from post war effects long after the end of such conflicts. Many negative effects still haunt many of the children who were recruited into the ranks of the government and rebel forces during the decade civil war in Sierra Leone. The civil war in Sierra Leone has been considered to be one of the most gruesome in the history of conflicts in Africa not only because of its high level of brutality but also in the manner in which children were forced into combat and abused both physically and psychologically. It is estimated that between 7000 - 10 000 children below the age of 15 years, some as young as seven were recruited into armed forces or groups during the war.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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2

Podcameni, Ana Paula. "The Contribution of the Special Court for Sierra Leone to the Law on Criminal Responsibility of Children in International Criminal Law." FIU Digital Commons, 2017. http://digitalcommons.fiu.edu/etd/3358.

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The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict when part of armed groups or armed forces. And with no consensus within the international community regarding their status within International Criminal Law — no established law within International Law and no consistent practice among states on the issue— the problem of criminal accountability of children accused of international crimes remains unanswered. The current work conducts a legal positivist analysis with the focus of investigating the contribution of the Special Court for Sierra Leone to the current debate on children’s criminal responsibility under International Criminal Law. Among significant contributions, the Statute of the Special Court brought one interesting innovation to the debate on children’s potential criminal responsibility. Juveniles starting at age fifteen would be considered viable for prosecution if among those most responsible for the Special Court, as established in Article 7.1. The above innovation translates into two essential contributions to the debate on children criminal responsibility for international crimes: first the Special Court was the first international court to elect a minimum age of criminal responsibility (MACR) at age fifteen to be operational within the scope of the court. Secondly, and equally important, the court reflected the position that children, after the stipulated MACR would be considered, at least a priori, viable subjects of the international criminal system.
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Nguyen, Déborah. "Le statut des victimes dans la pratique des Juridictions Pénales Internationales." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30046/document.

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La reconnaissance du droit de participation et du droit à réparation des victimes est l’évolution la plus remarquable des dernières décennies dans le domaine des droits nationaux et dans le cadre de la justice pénale internationale. Les Juridictions Pénales Internationales construisent le statut des victimes. Confrontés à des concepts innovants, les juges doivent créer des précédents et organiser les modalités des droits des victimes. Ils doivent allier la coordination de la représentation légale de milliers de victimes avec les impératifs de la justice. Au vu des premières décisions, la place des victimes est acquise puisque les juges ont accepté leur participation. Cependant, leur interprétation des règles apporte de sérieuses restrictions aux droits des victimes dans la pratique. La participation des victimes n’est pas pleinement effective et leur réparation se révèle exceptionnelle. Ainsi, l’intérêt de l’étude de la jurisprudence réside dans la détermination du statut réel des victimes au sein des procès internationaux et l’importance des droits appliqués. Des évolutions positives sont possibles en faveur de la reconnaissance du statut de parties au procès et de l’effectivité des droits des victimes
The recognition of the right to participate and the right to reparation to the victimes is the most remarkable evolution of these last decades in the national laws and in the International Criminal Justice. The International Criminal Jurisdictions built the victims’ status. Confronted to innovative concepts, the judges have to create precedents and organise the modalities of the victim’s rights. They have to combine the coordination of the legal representation of thousands of victims with the necessity of justice. In view of the first decisions, the place of the victimes is established since the judges grant them the right to participate. However, their interpretation of the rules brings serious limitations to the rights of the victims in the practice. The victims’ participation is not fully applied and their reparation turns out to be exceptionnal. So, the interest of the jurisprudence study resides in the determination of the real status of the victims in the international trial and the importance of the granted rights. Positive evolutions can be made in favor of the recognition of the status of parties in the trial and the effectiveness of the rigths of the victims
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Books on the topic "Sociological jurisprudence – Sierra Leone"

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Laucci, Cyril. Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005. Martinus Nijhoff Publishers / Brill Academic, 2006.

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Laucci, Cyril. Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005. BRILL, 2007.

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Laucci, Cyril, ed. Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.

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Rodenhäuser, Tilman. The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0011.

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Chapter 8 analyses post-World War II jurisprudence, national jurisprudence, the International Law Commission’s work, and International Criminal Tribunal for Rwanda (ICTR), International Criminal Court for the former Yugoslavia (ICTY), and the Special Court for Sierra Leone (SCSL) jurisprudence regarding what types of non-state entities might be involved in crimes against humanity. It argues that while the Nuremberg Charter and post-World War II jurisprudence, including national jurisprudence, were focused on state crimes, state involvement has rarely been considered a legal element of crimes against humanity. This is also evident in the International Law Commission’s work. This chapter analyses how the three abovementioned international(ized) tribunals addressed the question of non-state entity involvement in crimes against humanity and argues that the ICTY and the SCSL did not limit entities behind crimes against humanity to abstract ‘state-like entities’, but primarily considered whether the group in question had the capacity to commit the crimes.
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Book chapters on the topic "Sociological jurisprudence – Sierra Leone"

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"Chapter 11. The work of the special court for Sierra Leone through its jurisprudence." In The Legal Regime of the International Criminal Court, 227–54. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004163089.i-1122.79.

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"Rule 23: the Council of Judges." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 210. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.34.

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"Rule 21: Functions of the Vice-President." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 209. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.33.

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"Article 6. Individual Criminal Responsibility." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 63–72. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.11.

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"Article 8. Concurrent Jurisdiction." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 73–78. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.12.

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"Article 9. Non Bis in Idem." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 79–81. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.13.

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"Article 10. Amnesty." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 82–88. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.14.

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"Article 13. Qualification and Appointment of Judges." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 89–98. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.15.

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"Article 14. Rules of Procedure and Evidence." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 99–104. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.16.

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"Article 15. The Prosecutor." In Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005, 105–10. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004152342.i-873.17.

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