Journal Article

Troubled Indictments at the Special Court for Sierra Leone

Cecily Rose

in Journal of International Criminal Justice

Volume 7, issue 2, pages 353-372
Published in print May 2009 | ISSN: 1478-1387
Published online June 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp019
Troubled Indictments at the Special Court for Sierra Leone

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This article argues that the indictments at the Special Court for Sierra Leone have pleaded joint criminal enterprise and sex-based crimes in ways that both threaten the rights of the accused and weaken the Prosecution's cases against them. While the Taylor Indictment neglects to outline the purpose of the joint criminal enterprise in which the accused allegedly took part, the Prosecution's recent arguments in this respect have further confused the matter. In addition, the RUF and AFRC indictments alleged forced marriage without clearly indicating what crime such conduct would violate. Although the Appeals Chamber provided guidance on the issues of joint criminal enterprise and forced marriage in its recent AFRC Appeal Judgment, its pronouncements may be of limited use or applicability to the ongoing Taylor case.

Journal Article.  9070 words. 

Subjects: Criminal Law ; International Law

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