OUVRAGE : O. Njikam, The Contribution of the Special Court for Sierra Leone to the Development of International Humanitarian Law

Kadidiatou HAMA

The Special Court marked a new approach by the international community to violations of international humanitarian law. Its mode of creation i.e. through an agreement between the UN and the Government of Sierra Leone – as compared to the UN ad hoc Tribunals that were established pursuant to Chapter VII of the UN Charter was a particularity of the Court. It is the only international court that possesses concurrent, primary and complimentary jurisdiction. The objective of this thesis is to provide a comprehensive analysis of the contribution of the Special Court to the development of international humanitarian law. Similar to its predecessors (ad hoc Tribunals), the Special Court consolidated the principle under international law of individual criminal responsibility.

The author evaluates the Special Court's mandate to prosecute those who bear the greatest responsibility as being in itself a contribution to the development of international humanitarian law since the ICTY and ICTR at the time of their inception did not have this limitation rationae personae / prosecutorial discretion. The author assesses some of the interesting and challenging issues dealt with such as the recruitment of child soldiers, amnesty for international crimes, head of state immunity and the crime of forced marriage. The author concludes that the Special Court contributed albeit to a limited extent to the development of international humanitarian law.

TABLE OF CONTENTS

1. Introduction

Methodology / Objective of Study

2. Politico-Historical Context of Sierra Leone prior to and during the Conflict

3. The Objective, Establishment, Jurisdiction and Organization of the Special Court

4. The Special Court's Case Law on Crimes against Humanity

5. The Special Court's Case Law on War Crimes

6. The Special Court's Case Law on other Serious Violations of IHL

7. Crimes under Sierra Leonean Law

8. The Legacy of the Special Court

9. General Conclusion

German Summary

Bibliography – Special Court Judgments, Decisions and Other Documents – ICTY Judgments, Decisions and Indictments – ICTR Judgments and Indictments – Other Jurisprudence and Documents – United Nations Documents – Table of other Authorities

Index

Ousman NJIKAM, The Contribution of the Special Court for Sierra Leone to the Development of International Humanitarian Law, Berlin, Duncker & Humblot, 2013 (332 pp.)