See also Creation of a Special Court for Sierra Leone - History
- The Special Court was established by the United Nations and the Government of Sierra Leone by an agreement signed 16 January 2002 based on Security Council resolution 1315 (2000) of 14 August 2000. For more details, see Creation of a Special Court for Sierra Leone - History.
- The Special Court has jurisdiction over heinous war crimes and crimes against humanity under the Geneva Convention, international humanitarian law, and Sierra Leonean law, including extermination, enslavement, torture, sexual violence, persecution, and attacks against civilians or humanitarian workers.
- The Special Court has operated under http://www.sc-sl.org/scsl-statute.html ">The Statute of the Special Court for Sierra Leone since 2002.
- The Special Court acts concurrently with national criminal jurisdictions but has primacy over them. However, it can only prosecute crimes committed in Sierra Leone after 30 November 1996, the date of the signature of a peace accord between the leader of the Revolutionary United Front, Foday Sankoh, and the president of the Republic of Sierra Leone, Ahmed Tejan Kabbah.
The Judges
- The UN Secretary-General and the Government of Sierra Leone appointed the judges for three-year terms. The President of the Court holds his post as such for a year.
- The Court's judiciary is composed of the Appeals Chamber of five judges and two Trial Chambers, each of three judges.
- The Appeals Chamber :
The President of the Court and the Appeals Chamber: Justice A. Raja N. Fernando (Sri Lanka), appointed by the UN Secretary-General and elected as president for a 1 year period. The Vice President of the Court and the Appeals Chamber: Justice Gelaga King (Sierra Leone), appointed by the Government of Sierra Leone. The other justices are: Justice Renate Winter (Austria); Justice Geoffrey Robertson QC (UK), the first president of the Court; and Justice Emmanuel O. Ayoola (Nigeria), immediate past president of the Court. - Trial Chamber I :
The Presiding Judge of Trial Chamber I, Justice Pierre G. Boutet (Canada), was appointed as a judge by the UN Secretary-General in December 2002. He sits alongside Justice Benjamin Mutanga Itoe (Cameroon) and Justice Rosolu John Bankole Thompson (Sierra Leone).
Trial Chamber I will be hearing the cases of the CDF and RUF (see " Cases, " below). - Trial Chamber II, created in May 2005 :
The Presiding Judge of Trial Chamber II, Justice Teresa Doherty (Northern Ireland), was appointed by the UN Secretary- General. She sits alongside Justice Julia Sebutinde (Uganda) and Justice Richard Lussick (Samoa).
Trial Chamber II will be hearing the cases of the AFRC (see " Cases, " below).
The Office of the Prosecutor
- The Prosecutor as of July 2005 is Mr. Desmond de Silva QC (UK), former Deputy Prosecutor. He succeeds Mr. David Crane, who served as Prosecutor for the Special Court for three years, but departed at the end of his term in June 2005.
- The Government of Sierra Leone appointed a Deputy Prosecutor, Dr. Christopher Staker (Australia), who replaced Mr. Desmond de Silva QC in July 2005.
The Office of the Principal Defender
- The Principal Defender as of June 2005 is Vincent O. Nmehielle (Nigeria), who succeeds Simone Monasebian (United States of America).
- The creation of a permanent institution to protect the accused as a counterbalance to the Prosecutor is a structural innovation in international criminal courts.
- Members of the Office monitor the defence teams, providing advice and assistance.
The Registry
- Mr. Robin Vincent was appointed on 10 June 2002 as Registrar of the Special Court as a representative of the UN-Secretary General for a three-year term.
- The Registrar is responsible for the organisation of the Court's judicial proceedings and for its administrative and financial management.
- The Registry includes the offices of Court Management, Defence, Detention, the Library, Outreach, Public Affairs, Security, Procurement, Witness and Victim Support, and various administrative offices.
Cases
- Civil Defence Forces (CDF): Sam Hinga Norman, former Deputy Defence Minister, later Minister of Internal Affairs, and the National Coordinator of the CDF, was indicted in March 2003. Moinina Fofana, the supposed National Director of War for the CDF, was indicted in June 2003. Allieu Kondewa, allegedly the High Priest of the CDF, was also indicted in June 2003. The three were indicted separately on 8 counts for war crimes, crimes against humanity, and violations of international humanitarian law, and all three have pleaded not guilty to all charges against them. The trial began in June 2004 after the court consolidated their indictments.
- Revolutionary United Front of Sierra Leone (RUF): The second case referred to the Prosecutor involves 5 alleged leaders of the RUF indicted between March and April 2003: Foday Saybana Sankoh, the original leader of the RUF, and his lieutenant, Sam Bockarie; Issa Hassan Sesay, who succeeded Sankoh in 2000 as the Interim Leader of the RUF, and his Interim Battle Field Commander, Morris Kallon; and Augustine Gbao, the Overall Security Commander of the RUF. They were all indicted separately on counts for war crimes, crimes against humanity, and violations of international humanitarian law. The indictments against Sankoh and Bockarie were withdrawn in December 2003 after their deaths. The joint trial of Sesay, Kallon, and Gbao began in July 2004 after their indictments were consolidated. All three pleaded not guilty to all charges.
- Armed Forces Revolutionary Council (AFRC): Three alleged leaders of the AFRC were indicted separately on 14 counts for war crimes, crimes against humanity, and violations of international humanitarian law. Alex Tamba Brima, a supposed staff sergeant of the AFRC, and Brima Bazzy Kamara, allegedly also a staff sergeant of the AFRC, were both indicted in March 2003, whereas Santigie Borbor Kanu, a sergeant of the AFRC, was indicted in September 2003. Their joint trial began in March 2005 after the court consolidated their indictments. All three pleaded not guilty to all charges. AFRC leader Johnny Paul Koroma was also indicted in March 2003, but his fate and location are unknown.
- Former Liberian president Charles Taylor was indicted by the Prosecutor in March 2003, but he is not in custody of the court. Instead, he has been in exile for 2 years, taking refuge in Nigeria.
IJT published in 2005
Sierra Leone: CDF prosecution phase ends, IJT 30, 25 July 2005.
"No debt relief for Nigeria unless Taylor is turned over", IJT 28, 17 June 2005.
Sierra Leone: the cost of a mixed model, IJT 26, 13 June 2005.
Rape and terror under the military, IJT 25, 9 May 2005.
American Congressmen demand Taylor's transfer to Freetown, IJT 25, 9 May 2005.
Trial of the military junta opens in Freetown, IJT 21, 14 March 2005.
UN Court drops charges against military junta for attack on UN peacekeepers, IJT 20, 21 February 2005.
All defendants boycott trials at special court, IJT 18, 24 January 2005.IJT published in 2004
Sierra Leone: the price of witnesses, IJT 12, 4 October 2004.
Pressure mounts to end Taylor's exile, IJT 12, 4 October 2004.
Too narrow a mandate, IJT 11, 20 September 2004.
The teenager, the CDF and president Kabbah, IJT 11, 20 September 2004.
Green light in Nigeria for legal challenge to Taylor asylum, IJT 9, 19 July 2004.
Taylor - procedural battle in Nigeria, IJT 8, 5 July 2004.
The secrets of the Kamajors of Koribundo, IJT 7, 21 June 2004.
Complaint in Nigeria against Charles Taylor, IJT 7, 21 June 2004.
"Heroes" trial opens in dramatic style, IJT 6, 7 June 2004.
The role of the new Principal Defender, IJT 3, 19 April 2004.
Ill winds blow for the Special Court, IJT 1, 15 March 2004.
Reference:
http://www.sc-sl.org/ ">The Special Court for Sierra Leone















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