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International Justice Tribune
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Hilversum, Netherlands
Hilversum, Netherlands

The Special Court for Sierra Leone - Summary

Published on : 25 July 2005 - 12:00am | By International Justice Tribune
More about:

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

Reference:

http://www.sc-sl.org/ ">The Special Court for Sierra Leone

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