The Contribution of the Special Court for Sierra Leone to the Development of International Law

Abstract

This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the paper submits that the SCSL has also made some valuable additions to the formidable body of jurisprudence developed by the International Criminal Tribunals for the former Yugoslavia and Rwanda.

Keywords: Charles Jalloh, Special Court for Sierra Leone, Contribution of Special Court for Sierra Leone, head of state immunity, Charles Taylor, powers of the United Nations Security Council, treaty-based courts, hybrid courts, jurisprudence,international criminal courts, international criminal tribunals

JEL Classification: K15, K33