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The Law Reports of the Special Court for Sierra Leone (2 vols.)
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collectio...
Against the Death Penalty
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
The Global Decline of the Mandatory Death Penalty
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges -...
Digest of Jurisprudence of the Special Court for Sierra Leone
The Special Court for Sierra Leone was created in 2002 to prosecute "persons who bear the greatest responsibility" for serious violations of international humanitarian law and Sierra Leonean law in Sierra Leone since 30 November 1996. It started delivering decisions in March 2003 and should complete its work by the end of 2007. The present Digest is a collection of the most relevant abstracts of decisions and orders rendered by Chambers - Trial Chambers, Appeals Chamber, President - between March 2003 and 31 December 2005. 548 public decisions have been reviewed for its preparation. The abstracts have been selected on the basis of their relevance to the interpretation and application of the Statute and Rules of Procedure and Evidence or of their importance in the development of international criminal law. This Digest is devised as a tool for practitioners of international law and academics, which will assist them in discovering the substantial work of the Special Court.
Culture under Cross-Examination
The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. In this book Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach.
The Law Reports of the Special Court for Sierra Leone
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions. This volume, which consists of three book...
Defense in International Criminal Proceedings
Without question, international criminal law (ICL) has become a legal growth industry. Regional supranational systems, such as the European Union, are beginning to prepare a genuine supranational criminal law that may supersede the national jurisdictions. These efforts are still in their infancy, but along with the creation of the prosecutorial framework and measures like e.g. the European Arrest Warrant, EUROPOL or EUROJUST, the defence lawyers are preparing themselves for the new challenge. It is thus useful and necessary to cover these developments from the get go. This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts,...
To Serve the Enemy
Despite the harsh treatment that can befall collaborators in armed conflict, and despite collaboration often not being voluntary, international law leaves unanswered the ethical questions posed by those who join with the enemy. Shane Darcy explores the issue, calling for a much needed assessment of the protections granted to collaborators in war.
Intelligence Governance and Democratisation
Fills a gap in the intelligence literature on democratisation and intelligence governance Intelligence is a growing field of study and increasingly important in international affairs The author is an experienced and respected scholar This book will be of much interest to students of intelligence studies, democracy studies, comparative politics, security studies and IR
