Journal articles: 'Sociological jurisprudence – Sierra Leone'

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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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11

JORDASH, WAYNE, and SCOTT MARTIN. "Due Process and Fair Trial Rights at the Special Court: How the Desire for Accountability Outweighed the Demands of Justice at the Special Court for Sierra Leone." Leiden Journal of International Law 23, no. 3 (July 30, 2010): 585–608. http://dx.doi.org/10.1017/s0922156510000233.

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AbstractIt was recognized that it was critical to the process of national reconciliation and the maintenance of peace in Sierra Leone that the Special Court for Sierra Leone (SCSL) be a strong and credible court operating in accordance with international standards of justice, fairness, and due process of law. This article assesses the fulfilment of this mandate through an examination of the fairness of the RUF trial as illustrated through two issues: the interpretation of the accused's right to be informed of the nature and cause of the charges and the approach taken by the Trial Chamber and the Appeals Chamber in assessing the evidential links between the accused and the crimes pursuant to the joint criminal enterprise (JCE) mode of liability. First, the article discusses the decisions that led to the omission of 250 charges from the indictment and their introduction into the trial through late evidential disclosures after the commencement of the prosecution case. Second, the article examines the way in which the charges, in a majority of cases, were found to be part of a common criminal purpose without a sufficient nexus being established to the accused or any member of the alleged JCE. The article concludes that the judicial approach to these issues abandoned the safeguards contained in the jurisprudence developed at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, giving rise to a trial that failed to adhere to international standards of justice, fairness, and due process, leading to manifestly unjust convictions.

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Das, Miranda, and Sukhdev Singh. "Crimes of Sexual Violence within International Criminal Law: A Historical Outline." Journal of Politics and Law 14, no. 1 (November 25, 2020): 1. http://dx.doi.org/10.5539/jpl.v14n1p1.

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This article will provide a synoptic historical outline of international criminal law (ICL) from a gender perspective. An effort is made to highlight the landmark stages in the evolution of the ICL, particularly in its treatment of rape and other sexual crimes perpetrated against women during armed conflict. For this purpose, a critical examination of Nuremberg and Tokyo tribunals, criminal tribunals for Yugoslavia and Rwanda as well as Special Court for Sierra Leone, and the International Criminal Court is attempted. Endeavour is to outline the gender and sexual crimes jurisprudence developed by the above mentioned international criminal tribunals as well as courts, and then to examine its effectiveness in prosecuting crimes of rape and sexual violence carried out against women. An analysis of what might have gone wrong within the ICL in dealing with rape and crimes of sexual nature is also attempted.

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Nabay, Osman, Abdul R. Conteh, Alusaine E. Samura, Emmanuel S. Hinckley, and Mohamed S. Kamara. "Farmers’ Perspective on Sociological and Environmental Issues of Urban and Peri-Urban Agriculture: A Case Study from Western and Southern Regions of Sierra Leone." Journal of Agricultural Science 9, no. 7 (June 7, 2017): 186. http://dx.doi.org/10.5539/jas.v9n7p186.

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The paper examined and brought to the fore the typical characteristic of urban and peri-urban farmers in Freetown and Bo communities which serves as major source of supply of agricultural products into the cities’ markets. The social and environmental aspect and perception of producers involved in urban and peri-urban agriculture was examined. Descriptive statistics and pictograms were used to analyze and present the data. Results indicate that 56.34% never went to formal school and mostly dominated by women, showing that farming became the alternative means of livelihood support for those groups. Crops grown are purely influenced by market orientation—demand and cost, as is evident in Gloucester (lettuce, cabbage and spring onions). Potato leaves were commonly grown in almost all communities, reason being that it serves as common/major sauce/vegetable cooked in every household in Sierra Leone. Maize and rice were featured in Ogoo farm—government supervised land set aside purposely for growing crops to supply the city. Findings also revealed that majority of the farmers are resource poor, judging from calculation about their monthly income earning and available household assets and amenities. About 70.4% of the lands the farmers grow their crops on is leased for production. Except for Gloucester community, when costs of production will be summed, minimal benefit seem to be realized from the farming activities. Even though some of these farmers are engaged in organization, many have limited access to micro financial organization that would probably loan them money to upscale production.

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KRESS, CLAUS. "On the Outer Limits of Crimes against Humanity: The Concept of Organization within the Policy Requirement: Some Reflections on the March 2010 ICC Kenya Decision." Leiden Journal of International Law 23, no. 4 (November 22, 2010): 855–73. http://dx.doi.org/10.1017/s0922156510000415.

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AbstractAt the beginning of the renaissance of international criminal law in the 1990s, the law on crimes against humanity was in a fragile state. The International Criminal Tribunal for the former Yugoslavia (ICTY) decisively contributed to the consolidation of customary international law on crimes against humanity and paved the way for its first comprehensive codification in Article 7 of the Statute of the International Criminal Court (ICC). At the same time, the ICTY in its early decisions already showed a certain inclination to broaden the scope of the application of the crime by downgrading its contextual requirement. More recently, this tendency culminated in the complete abandonment of the policy requirement. While this ‘progressive’ facet of the ICTY's jurisprudence largely took the form of obiter dicta, the Situation in the Republic of Kenya has confronted the ICC with the need to ‘get serious’ about the present state of the law. This has led to a controversy in Pre-Trial Chamber II about the concept of organization in Article 7(2)(a) of the Statute. While the majority essentially follows the path of the more recent case law of the ICTY, the ICTR, and the Special Tribunal for Sierra Leone and supports a liberal interpretation, Judge Kaul prefers to confine the term to state-like organizations and generally calls for caution against too hasty an expansion of the realm of international criminal law stricto sensu. This comment agrees with the main thrust of the Dissenting Opinion and hopes that it will provoke a thorough debate.

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MCDERMOTT, YVONNE. "The Admissibility and Weight of Written Witness Testimony in International Criminal Law: A Socio-Legal Analysis." Leiden Journal of International Law 26, no. 4 (November 8, 2013): 971–89. http://dx.doi.org/10.1017/s0922156513000502.

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AbstractThis article introduces some quantitative and qualitative analysis on the use of written witness statements in lieu of oral testimony at trial to assess in practice the impact of the rules on the admissibility of written witness testimony before the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone. It traces pieces of evidence admitted under the newer, more liberal, rules on written witness testimony from admissibility to judgment, to establish what impact, if any, these rules have had in practice and whether the critique that such rules might jeopardize fair-trial standards has been realized. The analysis illustrates that the newer rules on admissibility are used with relative infrequency in some tribunals, but that the admission of such statements could raise the question of equality of arms in others, given that the more liberal rules on written statements tend to be used more frequently by the prosecution than by the defence. It will be shown that some chambers have continued to emphasize the importance of oral testimony and have taken a very cautious approach when weighing written testimony, whilst others have suggested that written testimony that was not subject to full cross-examination should not, in principle, be given less weight than oral testimony. The ‘totality of the evidence’ approach in weighing the evidence will be analysed from a practical standpoint, and it will be shown that recent Appeals Chamber jurisprudence suggests that trial chambers may need to take a more particularized approach to pieces of evidence in the future.

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

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