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Abstract:
This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa’s numerous conflicts, could contribute significantly to the continent’s fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa’s sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.

Africa and the International Criminal Court, ICC and Africa, Africa and international criminal justice, AU and ICC, Bashir Arrest Warrant, AU Decisions on the International Criminal Court

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.

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

Abstract:
With mounting political pressure from the international community for the International Criminal Tribunal for Rwanda (ICTR) to wrap up all trials by 2010, in line with its Completion Strategy, this article offers an early look at the power of the ICTR Prosecutor to transfer or refer part of his caseload to national courts and the legal, political and practical limitations on the exercise of that authority. The paper briefly examines the history of the ICTR, the concurrent jurisdiction of the ICTR, the express power of referral and the practice relating to concurrent jurisdiction between international and national courts over international crimes in the jurisprudence of the International Criminal Tribunal of the former Yugoslavia. The article also investigates the legal and policy issues the ICTR currently faces in seeking to transfer cases to Rwandan courts and their ramifications. Based on the jurisprudence, the authors argue that the Prosecutor should not transfer cases to Rwanda or other national courts unless those courts can ensure the transferred suspects or accused can be charged with international crimes in fair trials in which they will not receive the death penalty if convicted.

International Criminal Tribunal for Rwanda, ICTR, Completion Strategy, jurisdiction, concurrent jurisdiction, Rule 11 bis, transfers, national courts, Rwandan courts and domestic prosecutions, ICTR Prosecutor, power of transfer, fair trial in Rwandan courts

Abstract:
The Special Court for Sierra Leone (SCSL) is the first independent, hybrid or 'nationalized' international criminal tribunal and also the first to be located in the same country as the theater of conflict. As such, it has an unusual opportunity to leave a lasting legacy for the people of Sierra Leone. This article, from two insiders, examines the SCSL’s foray into this hitherto uncharted area and the significance of its early steps for other ad hoc and permanent international criminal tribunals.

Special Court for Sierra Leone, SCSL, international criminal tribunal, international criminal court, international criminal law, legacy of international criminal tribunals, impact of international criminal tribunals.

Abstract:
This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. As an alternative, they suggest that because the Special Court for Sierra Leone initiated the accountability process with the indictment of former President Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Sierra Leone tribunal would be a more appropriate forum for international prosecutions of the high level perpetrators of gross human rights and humanitarian law violations in Liberia during the nineties.

impunity, international law, heinous crimes, international criminal law, international human rights, Liberia, Liberian courts, national courts, Special Court for Sierra Leone, SCSL, trial of President Charles Taylor, international criminal tribunals, Sierra Leone tribunal, due process

Abstract:
The Special Court for Sierra Leone was established by a unique bilateral treaty between the United Nations and Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The Special Court is currently trying nine persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing 'greatest responsibility' for serious violations of international and Sierra Leonean law that occurred after 30 November 1996. This volume presents, for the first time, a comprehensive collection of legal texts and instruments forming the normative legal framework underpinning the work of the Special Court. It fills the void for a handy sourcebook of the Special Court’s primary and secondary legal texts and is intended for use primarily by the judges, lawyers, academics and other practitioners in the Special Court and other hybrid and international tribunals, including the permanent International Criminal Court.

Special Court for Sierra Leone, United Nations, bilateral treaty, ad hoc international criminal tribunal, Charles Taylor, international criminal court, international criminal tribunals, legal texts, sourcebook