The Special Court for Sierra Leone: Some Preliminary Comments

Micaela Frulli

Full text available: PDF format ^*

Abstract

The United Nations and the Government of Sierra Leone will shortly conclude a bilateral agreement establishing an ad hoc criminal court to try persons allegedly responsible for the commission of serious crimes perpetrated during the Sierra Leone civil conflict. The Special Court for Sierra Leone, as envisaged, is a mixed tribunal. It will be composed of international and Sierra Leonean personnel and will have jurisdiction over both international crimes and crimes prohibited under Sierra Leonean criminal law, thus notably differing from the International Criminal Tribunals for the Former Yugoslavia and Rwanda. This paper analyzes the dual nature of the Special Court and the major consequences it entails. The treatment of juvenile offenders was one of the crucial issues of the negotiations between the United Nations and Sierra Leone. The parties agreed that the Special Court should have jurisdiction over persons who were 15 years of age at the time of the alleged commission of the crime. However, children between 15 and 17 years of age must be tried in accordance with the internationally recognized standards of juvenile justice and may not be punished with imprisonment; they should be rehabilitated and assisted to find a constructive role in society.

^* The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems.

© 1990-2004 European Journal of International Law
All comments and suggestions should be sent to webmaster
This site is part of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European Law at the European University Institute.
This file was last modified: Tuesday, October 14, 2003 01:44PM