International Criminal Courts for the Former Yugoslavia, Rwanda, and Sierra Leone – Online and Print Resources

By Andrew Dorchak

Andrew Dorchak is the Head of Reference and Foreign/International Law Specialist at The Judge Ben C. Green Law Library at Case Western Reserve University’s School of Law. He has assisted law students researching international criminal law topics since 2002.

Published July/August 2021

(Previously updated by Amy Burchfield in August 2008, July 2011, and July/August 2014; and by Andrew Dorchak in July/August 2017)

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1. Introduction

Despite vows of “never again” in the aftermath of the Holocaust, late twentieth century history was marked by a series of brutal conflicts that resulted in war crimes, crimes against humanity, genocide and other serious crimes. Several international tribunals were established with the goal of prosecuting individuals who committed these crimes.

This guide focuses on online and print sources relating to the following three international criminal courts: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL). The guide begins with a chart comparing key features of these three courts. The guide then examines each court individually, as well as the Mechanism for the International Criminal Tribunals, providing an overview of the court, the court’s basic documents, case law sources, and a listing of additional print and online sources for that individual court. A list of online and print resources that deal with multiple international criminal tribunals follows. Next, there is an overview of selected topics. Finally, the last section covers educational resources, other research guides, and bibliographies.

2. Chart Comparing the Three Courts

Dates

Establishing document

Number of judges

Justiciable

crimes

Indictments

Sentences

Acquittals

Official language

Temporal constraints

Geographic constraints

ICTY

1993-2017

UN Security Council Resolution 827 (1993)

16 permanent and

up to 9 ad litem

Grave breaches of Geneva Conventions of 1949; violations of the laws of war; genocide; crimes against humanity

161

83

19

English and French

(Serbo-Croat is unofficial)

Crimes commit-

ted since 1991

Territory of the former Yugoslavia

ICTR

1994-2015

UN Security Council Resolution 955 (1994)

16 permanent and 18 ad litem judges

Genocide, crimes against humanity, serious violations of the Geneva Conventions of 1949

93

62

14

English and French

(Kinyarwanda is unofficial)

Crimes commit-

ted between Jan. 1, 1994 and Dec. 1994

Territory of Rwanda

SCSL

2000-2013

Agreement Between UN and Government of Sierra Leone

At least 8, and no more than 11

Crimes against humanity; violations of international humanitarian law; serious crimes under Sierra Leonean law

13

9

0

English

(Krio is

unofficial)

Crimes commit-

ted since Nov. 30, 1996

Territory of Sierra Leone

3. International Criminal Tribunal for the Former Yugoslavia (ICTY)

3.1. Overview of the Court

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established on May 25, 1993 at The Hague in the Netherlands by United Nations Security Council Resolution 827. The ICTY was authorized to prosecute persons responsible for grave breaches of the 1949 Geneva Conventions, violations of the laws of war, genocide, and crimes against humanity committed on the territory of the former Yugoslavia since 1991. The ICTY was organized into three Trial Chambers (three permanent judges and up to of six ad litem judges per Chamber) and one Appeals Chamber (five judges). The Appeals Chamber of the ICTY also functioned as the Appeals Chamber of the International Criminal Tribunal for Rwanda. The working languages of the ICTY are English and French.

3.2. Basic Documents

The following basic documents of the ICTY are available at the Court’s official website.

  • Statute of the Tribunal (updated September 2009)
  • National legislations implementing the ICTY Statute (Greece, Romania, Hungary, Croatia, U.K., Austria, Belgium, Switzerland, Australia, New Zealand, Germany, Bosnia-Herzegovina, France, Denmark, Sweden, Norway, Spain, The Netherlands, Finland, U.S., Italy)
  • Agreements on the enforcement of sentences (Albania, Poland, Italy, Finland, Norway, Austria, Sweden, France, Spain, Germany, Denmark, U.K., Belgium, Ukraine, Portugal, Estonia and Slovakia)
  • Rules of Procedure and Evidence
  • Defense Counsel Materials
  • Detention rules, regulations and other materials
  • Practice directions

The ICTY basic documents are also available online at the University of Minnesota Human Rights Library.

In print, see Basic Documents International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ([Netherlands:] United Nations, International Criminal Tribunal for the former Yugoslavia, 1995-). Additionally, the ICTY publishes The Yearbook ([Netherlands]: United Nations, ICTY, 1995- ) documenting the activities of the ICTY and recording speeches and other background information.

3.3. Case Law

Overall, the ICTY indicted 161 individuals, sentenced 83 (including at least 20 plea bargains), and acquitted 19. Thirteen individuals (eight cases) were referred to national jurisdictions for prosecution.

IRMCT/ICTR/ICTY Case Law Database provides a searchable database of all the ICTY, ICTR, and MICT cases. ICTY Court Records provide access to public ICTY records from 1994-2017.

Judicial Reports / International Criminal Tribunal for the Former Yugoslavia = Recueils judiciaires / Tribunal pénal pour l’ex-Yougoslavie (The Hague: Kluwer Law International, 1999- ). This includes indictments, orders, decisions and judgments. It is considered the official print reporter for the ICTY and is currently published for and on behalf of the United Nations by Brill / Martinus Nijhoff. This set runs approximately ten years behind.

Global War Crimes Tribunal Collection(Nijmegen, the Netherlands: Global Law Association, 1997-) this commercial source includes trial transcripts, selected full-text judgments, and other materials.

3.4. Selected Print Sources & Links

ICTY Print Sources

  • M. Cherif Bassiouni, The Law of the International Criminal Tribunal for the Former Yugoslavia (Irvington-on-Hudson, NY: Transnational Publishers, 1996).
  • Gideon Boas and William A. Schabas (eds.), International Criminal Law Developments in the Case Law of the ICTY (Leiden: Martinus Nijhoff Publishers, 2003).
  • Serge Brammertz and Michelle Jarvis, eds., Prosecuting Conflict-Related Sexual Violence at the ICTY (Oxford: Oxford University Press, 2016).
  • Kei Hannah Brodersen, The Rule of Law à La ICTY: What the ICTY Deemed Just Good Enough and How It Supported the Countries in the Former Yugoslavia to Become Better Goettingen Journal of International Lawv. 9 (2018) at 221.
  • Janine N. Clark, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia (Milton Park, Abingdon, Oxon: Routledge, 2014).
  • Maurice Cotter, Military Necessity, Proportionality and Dual-Use Objects at the ICTY: A Close Reading of the Prlić et Al. Proceedings on the Destruction of the Old Bridge of Mostar Journal of Conflict & Security Lawv. 23 (2018) at 283.
  • Paula Drumond, What About Men? Towards a Critical Interrogation of Sexual Violence against Men in Global Politics International Affairs v. 95 (2019) at 1271.
  • Jasenka Ferizović and Gorana Mlinarević, Applying International Experiences in National Prosecutions of Conflict-related Sexual Violence: A Case Study of Application of the ICTY Law, Findings and Practices in Prosecutions before the Court of Bosnia and Herzegovina Journal of International Criminal Justice v. 18 (2020) at 325.
  • Genocide, War Crimes, and Crimes Against Humanity: A Topical Digest of the Case Law of the International Criminal Tribunal for the Former Yugoslavia (New York: Human Rights Watch, 2006).
  • James Gow et al. (eds.), Prosecuting War Crimes: Lessons and Legacies of the International Criminal Tribunal for the Former Yugoslavia (Abingdon, Oxon; New York: Routledge, 2014).
  • Carole Hodge, The Balkins on Trial: Justice vs. Realpolitik (London: Routledge, 2019).
  • Milos Hrnjaz and Janja Simentić Popović, Protracted Armed Violence as a Criterion for the Existence of Non-international Armed Conflict: International Humanitarian Law, International Criminal Law and Beyond Journal of Conflict & Security Law v. 25 (2020) at 473.
  • Maike Isaac and Olga Jurasz, Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY International Criminal Law Review v. 18 (2018) at 853.
  • Michael J. Kelly, Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide and the Trials of Slobodan Milošević and Saddam Hussein (New York: Peter Lang, 2005).
  • Rachel Kerr, The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy (Oxford: Oxford University Press, 2004).
  • Sanja Kutnjak and John Hagan, Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts (New York: Oxford University Press, 2011).
  • John Laughland, Travesty: The Trial of Slobodan Milošević and the Corruption of International Justice (London; Ann Arbor, MI: Pluto, 2007).
  • Tennille Marsh, Some Kind of Justice: The ICTY’s Impact in Bosnia and Serbia Australian Year Book of International Law v. 38 (2020) at 225.
  • Jacqueline R. McAllister, Deterring Wartime Atrocities: Hard Lessons from the Yugoslav Tribunal International Security v. 44 (2019/2020) at 84.
  • Luke Moffet, A Bridge Too Far? Attacks against Cultural Property used as Military Objectives as War Crimes: The Prlić et al. Case and the Mostar Bridge International Criminal Law Review v. 20 (2020) at 214.
  • Virginia Morris and Michael P. Scharf, An Insider’s Guide to the International Criminal Tribunal for the Former Yugoslavia (Irvington-on-Hudson, NY: Transnational Publishers, 1995).
  • O. Olusanya, Sentencing War Crimes and Crimes Against Humanity under the International Criminal Tribunal for the Former Yugoslavia (Groningen: Europa Law Pub., 2005).
  • Diane Orentlicher, Memories of Judgment: Constructing the ICTY’s Legacies Washington University Global Studies Law Review 19 (2020) at 313.
  • Diane Orentlicher, Some Kind of Justice: The ICTY’s Impact in Bosnia and Serbia (New York: Oxford University Press, 2018).
  • David Pettigrew, Mandate Interrupted: The Problematic Legacy of the United Nations International Criminal Tribunal for the Former Yugoslavia Washington University Global Studies Law Review 19 (2020) at 361.
  • Nikolas Rajkovic, The Politics of International Law and Compliance: Serbia, Croatia and The Hague Tribunal (London: Routledge, 2012).
  • Edith Reigler, Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the ICTY and the ICC International Criminal Law Review v. 20 (2020) at 701.
  • Mohamed Shahabuddeen, International Criminal Justice at the Yugoslav Tribunal: A Judge’s Recollection (Oxford: Oxford University Press, 2012).
  • Olivera Simić and Barbora Holá, A War Criminal’s Remorse: The Case of Landžo and Plavšić Human Rights Review v. 21 (2020) at 267.
  • Manon Céline Simon, The Applicability of the Defense of Duress to Unlawful Killing in International Criminal Law: An Analysis of the ICTY Erdemović Case and Article 31(1)(d) Rome Statute (BadenBaden: Nomos, 2018).
  • Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan, eds. Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach (New York: Oxford University Press, 2020).
  • Richard H. Steinberg, ed., Assessing the Legacy of the ICTY (Leiden: M. Nijoff Pub., 2011).
  • Lina Strupinskiené, The ICTY and Forced Elite Change in Prijedor, Bosnia and Herzegovina Nationalism & Ethnic Politics v. 25 (2019) at 420.
  • Bert Swart, Alexander Zahar, and Göran Sluiter, eds., The Legacy of the International Criminal Tribunal for the Former Yugoslavia (Oxford: Oxford University Press, 2011).
  • Nevenka Tromp, Prosecuting Slobodan Milošević: The Unfinished Trial (London: Routledge, 2016).
  • Iva Vukusic, Some Kind of Justice: The ICTY’s Impact in Bosnia and Serbia, Written by Diane Orentlicher International Criminal Law Review v. 18 (2018) at 903.
  • Timothy William Waters, ed., The Milošević Trial: An Autopsy (Oxford: Oxford University Press, 2013).

ICTY/Former Yugoslavia Links

ASIL Insights Coverage

The American Society of International Law publishes ASIL Insights, an electronic publication for brief expert legal insight and analysis on major developments in international law. The following articles have been published on the ICTY and related issues in ASIL Insights:

4. International Criminal Tribunal for Rwanda (ICTR)

4.1. Overview of the Court

The International Criminal Tribunal for Rwanda (ICTR) was established on November 8, 1994 at Arusha, Tanzania by United Nations Security Council Resolution 955. The ICTR was charged with prosecuting persons responsible for serious violations of international humanitarian law in the territory of Rwanda between January 1, 1994 and December 31, 1994. The ICTR also could prosecute Rwandan citizens who committed such serious crimes in neighboring countries during that same time period.

The ICTR was authorized to prosecute persons who committed genocide, crimes against humanity, and serious violations of the 1949 Geneva Conventions. Such crimes include conspiracy to commit genocide, incitement to genocide, murder, torture, rape, the taking of hostages, and acts of terrorism. The ICTR was organized into three Trial Chambers (three permanent judges and up to four ad litem judges per Chamber) and one Appeals Chamber (seven permanent judges). The working languages of the ICTR are English and French.

4.2. Basic Documents

The following basic documents of the ICTR are available at the official website of the IRMCT (Home | United Nations International Criminal Tribunal for Rwanda (irmct.org)), on the Documents tab.

  • Security Council Resolutions
  • Statute of the Tribunal
  • Rules of Procedure and Evidence
  • Practice Directions
  • Directives
  • Code of Professional Conduct for Defense Counsel
  • Rules covering the detention of persons awaiting trial or appeal
  • Prosecutor’s Regulation
  • Bilateral Agreements (headquarters agreement between the UN and Tanzania; agreements on the enforcement of sentences of the ICTR between the UN and Sweden, Italy, France, Swaziland, Benin, Mali, and Rwanda.)

In print, see International Criminal Tribunal for Rwanda, Basic Documents (Arusha: Tanzania: International Criminal Tribunal for Rwanda, 1999).

4.3. Case Law

Overall, the ICTR indicted 93 persons for genocide and other serious international humanitarian law violations, resulting in 56 sentences, 14 acquittals, two withdrawn indictments, and five referrals to France or Rwanda. Six people died before or during their sentence and there are eight fugitives, five to be tried in Rwanda and three by the MICT when apprehended.

  • Jean Kambanda, former Prime Minister of Rwanda, pled guilty to six counts of genocide and crimes against humanity and received a sentence of life imprisonment.
  • Jean-Paul Akayesu’s life sentence imposed by the Trial Court on September 2, 1998 for committing genocide, public incitement to commit genocide, and crimes against humanity was affirmed on appeal on June 1, 2001.
  • The ICTR imposed 13 additional life sentences and 14 prison terms of 30-47 years. Thus, half of sentences were for at least 30 years.

IRMCT/ICTR/ICTY Case Law Database provides a searchable database of all the ICTY, ICTR, and MICT cases. Unified Court Records Database (Unified Court Records Database (irmct.org)) offers access to all public judicial archival records of the ICTR. Human Rights Watch, Genocide, War Crimes and Crimes Against Humanity: A Digest of the Case Law of the International Criminal Tribunal for Rwanda offers an unofficial, but extensive analysis of ICTR case law as of 2010.

Eric David (ed.), Tribunal pénal international pour le Rwanda: recueil des ordonnances, décisions et arrêts, 1995-1997 = International Criminal Tribunal for Rwanda Reports of Orders, Decisions and Judgements, 1995-1997 (Bruxelles: Bruylant, 2000). Unlike the ICTY, there is no official print reporter for the ICTR. This volume is one print source for ICTR case law.

Global War Crimes Tribunal Collection(Nijmegen, the Netherlands: Global Law Association, 1997-) This commercial source includes trial transcripts, selected full-text judgments, and other materials.

4.4. Selected Print Sources & Links

ICTR Print Sources

  • Avitus A. Agbor, Instigation to Crimes Against Humanity: The Flawed Jurisprudence of the Trial and Appeal Chambers of the International Criminal Tribunal for Rwanda (ICTR) (Leiden: Martinus Nijhoff, 2013).
  • Amanda Alexander, New Histories and New Laws: Crimes Against Humanity at the International Criminal Tribunal for Rwanda Leiden Journal of International Law v. 32 (2019) at 801.
  • Thierry Cruvellier, Court of Remorse: Inside the International Criminal Tribunal for Rwanda (Madison, Wis.: University of Wisconsin Press, 2010).
  • Nigel Eltringham, Genocide Never Sleeps: Living Law at the International Criminal Tribunal for Rwanda (New York: Cambridge University Press, 2019).
  • Encyclopedia on the International Criminal Tribunal for Rwanda (The Hague: International Courts Association, 2011-).
  • Fred Grünfeld and Anke Huijboom, The Failure to Prevent Genocide in Rwanda: The Role of Bystanders (Leiden; Boston: Martinus Nijhoff, 2007).
  • L.J. van den Herik, The Contribution of the Rwanda Tribunal to the Development of International Law (Leiden; Boston: Martinus Nijhoff, 2005).
  • ICTR, Introduction to the International Criminal Tribunal for Rwanda (ICTR, 1997).
  • Nicholas A. Jones, The Courts of Genocide: Politics and the Rule of Law in Rwanda and Arusha (New York: Routledge, 2010).
  • Usta Kaitesi, Genocidal Gender and Sexual Violence: The Legacy of the ICTR, Rwanda’s Ordinary Courts and Gacaca Courts (Intersentia, [2014]).
  • Paul J. Magnarella, Justice in Africa: Rwanda’s Genocide, Its Courts, and the UN Criminal Tribunal (Aldershot: Ashgate, 2000). Kingsley Chiedu Moghalu, Rwanda’s Genocide: The Politics of Global Justice (New York: Palgrave Macmillan, 2005).
  • George William Mugwanya, Crime of Genocide in International Law: Appraising the Contribution of the UN Tribunal for Rwanda (London: Cameron May, 2007).
  • Mohamed C. Othman, Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor (Berlin: Springer, 2005).
  • Virginia Morris and Michael P. Scharf, The International Criminal Tribunal for Rwanda (Irvington-on-Hudson, NY: Transnational Publishers, 1998).
  • Luc Reydams, Politics or Pragmatism? The International Criminal Tribunal for Rwanda and the Burying of the Investigation into the Assassination of President Juvénal Habyarimana Human Rights Quarterly v. 40 (2018) at 989.
  • Katarzyna Trzpis-Szysz, Judicial Dialogue after the Genocide in Rwanda: The Example of Cooperation between the International Criminal Tribunal for Rwanda and Gacaca Courts International Community Law Review v. 21 (2019) at 421.

ICTR/Rwanda Links

ASIL Insights Coverage

The American Society of International Law publishes ASIL Insights, an electronic publication for brief expert legal insight and analysis on major developments in international law. The following articles have been published on the ICTR and related issues in ASIL Insights:

5. United Nations Mechanism for International Criminal Tribunals

Security Council Resolution 1966 (2010) created the Mechanism for International Criminal Tribunals (MICT) to carry out continuing ICTR and ICTY obligations. Its Office of the Prosecutor is to locate and arrest eight ICTR fugitives, try three (Augustin Bizimana, Protais Mpiranya, and Felicien Kabuga), and refer the other five to Rwanda for prosecution.

The MICT handles appeals from the ICTY, ICTR, or the MICT; reviews proceedings; and conducts retrials. It monitors and assists with cases referred to national jurisdictions. Ongoing duties also include protection of victims and witnesses, supervision on ICTY/ICTR/MICT sentences, and maintenance of the archives of ICTY/ICTR/MICT documents. The MICT maintains a roster of 25 independent judges who serve the Mechanism after being elected by the U.N. General Assembly for a four-year term. The MICT reappointed the current 25 judges for an additional two-year term commencing July 1, 2020.

The MICT worked in parallel with ICTY and ICTR for its first several years, gaining experience and offering some relief, through “double-hatting” duties, for the staffing shortages that the two ad hoc tribunals were experiencing as they executed their completion strategies. The Security Council expects the MICT to be a streamlined operation, with a smaller staff and judges working remotely (except the Registry) whenever possible. As of February 17, 2021, The MICT website featured 75 completed cases; 11 transferred cases; five contempt cases; one trial; one appeal; and one pre-trial contempt case. Protais Mpiranya is the only remaining fugitive subject to trial at the MICT.

6. Special Court for Sierra Leone (SCSL) / Residual Special Court for Sierra Leone (RSCSL)

6.1. Overview of the Court

The Special Court for Sierra Leone (SCSL) was a hybrid court established at Freetown, Sierra Leone by an agreement between the United Nations and the Government of Sierra Leone on August 14, 2000. The SCSL was authorized to prosecute persons responsible for the most serious crimes committed on the territory of Sierra Leone since November 30, 1996.

The SCSL prosecuted persons who committed the following three categories of crimes: crimes against humanity, crimes in violation of international humanitarian law and serious crimes under Sierra Leonean law. The Special Court was made up of at least eight and no more than eleven judges who were organized into a Trial Chamber and an Appeals Chamber. The working language of the court was English.

The work of the SCSL concluded in December 2013, and the tribunal officially closed. The Residual Special Court for Sierra Leone (RSCSL) was established that year by an agreement between the United Nations and the government of Sierra Leone to oversee ongoing legal obligations. These obligations fall into “ongoing” functions and “ad hoc” functions. Ongoing functions include archives maintenance, witness protection, and prison supervision. Ad hoc functions include the trial of Johnny Paul Koroma should he be arrested, review of convictions and acquittals, and compensation claims.

6.2. Basic Documents

All basic documents of the SCSL are available on the RSCSL website under the SCSL Documents tab. These include:

  • Agreement between the United Nations and the Government of Sierra Leone on the Establishment of the Special Court for Sierra Leone (16 January 2002)
  • Statute of the Special Court for Sierra Leone (annexed to the Agreement, 16 January 2002)
  • Special Court Agreement (2002) Ratification Act
  • Rules of Procedure and Evidence
  • Headquarters Agreement between the Republic of Sierra Leone and the Special Court for Sierra Leone
  • Annual Reports
  • Practice Directions and Directives

The Digest of Jurisprudence of the Special Court for Sierra Leone 2003 – 2005by Cyril Laucci (Leiden; Boston: Martinus Nijhoff, 2007) abstracts 548 decisions, orders and judgments rendered by the SCLC that relate to the Statute of the Special Court and the Rules of Procedure and Evidence. The Digest is organized by article and rule number. A second volume of the Digest that would cover the remainder of the tribunal’s work is intended for publication.

There is no official print publication of the SCSL basic documents. One print source for the SCSL Statute and Rules of Procedure and Evidence is International Criminal Practice(See Multi-Court Sources—Online and In Print, this guide).

The Consolidated Legal Texts for the Special Court for Sierra Leoneby Charles Jalloh (Leiden, The Netherlands; Boston: Martinus Nijhoff, 2007) contains the following sections: basic legal texts, regulations of the Special Court for Sierra Leone, Sierra Leonean legislation, and ceasefire and peace agreements.

6.3. Case Law

  • The SCSL tried ten persons, including former heads of the Armed Forces Revolutionary Council (AFRC), the Civil Defense Forces (CDF), and the Revolutionary United Front (RUF). The SCSL was the first international tribunal to convict individuals for the use of child soldiers and for the crime of forced marriage.
  • Charles Taylor was convicted for committing crimes against humanity, violations of Common Article 3 to the Geneva Conventions and other violations of international humanitarian law. His conviction and 50-year sentence was affirmed on appeal in 2013. The SCSL was the first court since Nuremburg to try and convict a sitting head of state.
  • The SCLC issued a 17-count indictment against AFRC leader Johnny Paul Koroma on March 7, 2003. On June 1, 2003 Koroma was declared dead in Liberia under contentious circumstances. According to the RSCSL website, the whereabouts of Koroma are unknown, and he is officially considered to be at large.

RSCSL Archives provides a searchable archive of cases, documents, videos and transcripts.

Print Sources (Selected Case Law)

  • Volume 9, “The Special Court for Sierra Leone 2003-2004” from the series Annotated Leading Cases of International Criminal Tribunals (Antwerpen: Intersentia, 1999-), André Klip and Göran Sluiter (eds.).
  • Charles Chernor Jalloh, Simon M. Meisenberg, eds., The Law Reports of the Special Court for Sierra Leone (M. Nijhoff, 2012-).

6.4. Selected Print Sources & Links

Books

  • Charles Chernor. Jalloh, The Legal Legacy of Sierra Leone (New York: Cambridge University Press, 2020).
  • Charles Chernor Jalloh, ed., The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law (New York: Cambridge University Press, 2014).
  • Charles Chernor Jalloh. Consolidated Legal Texts for the Special Court for Sierra Leone. (Leiden: M. Nijhoff, 2007).
  • Charles Chernor Jalloh and Simon M. Meisenberg, eds., The Law Reports of the Special Court for Sierra Leone (M. Nijhoff, 2012-).
  • Davis M. Crane, Every Living Thing: Facing Down Terrorists, Warlords, and Thugs in West Africa: A Story of Justice (Durham, NC: Carolina Academic Press, 2020).
  • Mariane C. Ferme, Out of War: Violence, Trauma, and the Political Imagination in Sierra Leone. (Berkeley: University of California Press, 2018).
  • Tim Kelsall, Culture under Cross-examination: International Justice and the Special Court for Sierra Leone (Cambridge Univ. Press, 2009).
  • Cyril Laucci. Digest of Jurisprudence of the Special Court for Sierra Leone, 2003-2005. M. Nijhoff Publishers, 2007.
  • C. Tofan, ed., The Sierra Leone Special Court Collection (Oisterwijk, the Netherlands: Aolf Legal Publishers, 2008-).
  • C. Tofan & F. Mouloudi, eds., The Special Court for Sierra Leone: History, Work and Future (Nijmegen, the Netherlands: Wolf Legal Publishers, 2011).

Articles

The scholarship available focusing directly on the Special Court can be found primarily in journal articles. Selected articles are listed below and may be electronically available through databases such as Lexis, Westlaw, Academic Search Complete and/or JSTOR.

  • Kai Ambos and Ousman Njikam, Charles Taylor’s Criminal Responsibility Journal of International Criminal Justice v. 11 (2013) at p. 789.
  • Cécile Aptel, Child Slaves and Child Brides Journal of International Criminal Justice v. 14 (2016) at p. 305.
  • Annie Bunting and Izevbuwa Kehinde Ikhimiukor, The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law International Criminal Law Review v. 18 (2018) at p. 331.
  • Teresa Doherty, Developments in the Prosecution of Gender-Based Crimes—The Special Court for Sierra Leone Experience American University Journal of Gender, Social Policy & the Law v. 17 (2009) at p. 327.
    • Fidelma Donlon, The Transition of Responsibilities from the Special Court to the Residual Special Court for Sierra Leone Journal of International Criminal Law v. 11 (2013) at p. 857.
    • Micaela Frulli, Advancing International Criminal Law: The Special Court for Sierra Leone Recognizes Forced Marriage as a ‘New’ Crime against Humanity Journal of International Criminal Justice v. 6 (2008) at p. 1033.
    • Patrick Matthew Hassan-Morlai, Evidence in International Criminal Trials: Lessons and Contributions from the Special Court for Sierra Leone. 3 African Journal of Legal Studies v. 3 (2009) at p. 96.
    • Charles Chernor Jalloh, International Criminal Law-Special Court for Sierra Leone-Individual Criminal Responsibility-Modes of Liability-Aiding and Abetting-Planning American Journal of International Law v. 108 (2014) at p. 58.
    • Wayne Jordash and Scott Martin, Due Process and Fair Trial Rights at the Special Court: How the Desire for Accountability Outweighed the Demands of Justice at the Special Court for Sierra Leone Leiden Journal of International Law v. 23 (2010) at p. 585.
    • Wayne Jordash and Penelope Van Tuyl, Failure to Carry the Burden of Proof: How Joint Criminal Enterprise Lost Its Way at the Special Court for Sierra Leone Journal of International Criminal Justice v. 8 (2010) at p. 591.
    • Joseph F. Kamara, Preserving the Legacy of the Special Court for Sierra Leone: Challenges and Lessons Learned in Prosecuting Grave Crimes in Sierra Leone. 22 Leiden Journal of International Law v. 22 (2009) at p. 761.
    • Phoebe Knowles, The Power to Prosecute: The Special Court for Sierra Leone from a Defence Perspective International Criminal Law Review v. 6 (2006) at p. 387.
    • Bruce M. MacKay, A View from the Trenches: The Special Court for Sierra Leone – The First Year Case Western Reserve Journal of International Law v. 35 (2003) at p. 273.
    • Dale McFeatters, The Special Court for Sierra Leone: A Potential Model for Establishing the Rule of Law after Large Scale Combat Operations Military Law Review v. 227 (2019) at p. 119.
    • Vincent O. Nmehielle and Charles Chernor Jalloh, International Criminal Justice: The Legacy of the Special Court for Sierra Leone Fletcher Forum of World Affairs Journal v. 30 (Summer 2006) at p. 107.
    • Noah B. Novogrodsky, Litigating Child Recruitment Before the Special Court for Sierra Leone San Diego International Law Journal v. 7 (Spring 2006) at p. 421.
    • Valerie Oosterveld, The Gender Jurisprudence of the Special Court for Sierra Leone: Progress in the Revolutionary United Front Judgments Cornell International Law Journal v. 44 (2011) at p. 49.
    • Valerie Oosterveld, Lessons from the Special Court for Sierra Leone on the Prosecution of Gender-Based Crimes American University Journal of Gender, Social Policy & the Law v. 17 (2009) at p. 407.
    • William A. Schabas, A Synergistic Relationship: The Sierra Leone Truth and Reconciliation Commission and the Special Court for Sierra Leone Criminal Law Forum v. 15 no. 1 / 2 (2004).
    • Sandesh Sivakumaran, War Crimes before the Special Court for Sierra Leone: Child Soldiers, Hostages, Peacekeepers and Collective Punishments Journal of International Criminal Justice v. 8 (2010) at p. 1009.
    • James Sloan, Peacekeepers under Fire: Prosecuting the RUF for Attacks against the UN Assistance Mission in Sierra Leone Law & Practice of International Courts & Tribunals v. 9 (2010) at p. 243.
    • Alexia Solomou, Comparing the Impact of the Interpretation of Peace Agreements by International Courts and Tribunals on Legal Accountability and Legal Certainty in Post-Conflict Societies Leiden Journal of International Law v. 27 (2014) at p. 495.
    • Milena Sterio, The Future of International Criminal Law Proceedings of the American Society of International Law v. 108 (2014) at p. 107.
  • Giorgia Tortora, The Financing of the Special Tribunals for Sierra Leone, Cambodia and Lebanon International Criminal Law Review v. 13 (2013) at p. 93.
  • Michail Vagias, Hybrid Court Resilience and the Selection of Cases Leiden Journal of International Law v. 33 (2020) at p. 1029.
  • Sara Wharton, The Evolution of International Criminal Law: Prosecuting ‘New’ Crimes before the Special Court for Sierra Leone. 11 International Criminal Law Review v. 11 (2011) at p. 217.

SCSL/Sierra Leone Links

ASIL Insights Coverage

The American Society of International Law publishes ASIL Insights, an electronic publication for brief expert legal insight and analysis on major developments in international law. The following articles have been published on the SCSL in ASIL Insights:

7. Multi-Court Sources – Online and in Print

Multi-Court Sources in Print

  • John E. Ackerman and Eugene O’Sullivan. Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia: With Selected Materials from the International Criminal Tribunal for Rwanda (The Hague; London: Kluwer Law International, 2000).
  • Alexandra Adams, The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape European Journal of International Law, v. 29 (2018) at 749.
  • Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen, International Court Authority (New York: Oxford University Press, 2018).
  • Klaus Bachmann and Aleksandar Fatić, The UN International Criminal Tribunals: Transition Without Justice? (Abingdon, Oxon; New York: Routledge, 2015).
  • Klaus Bachmann, Gerhard Kemp, and Irena Ristić, eds. International Criminal Tribunals as Actors of Domestic Change: The Impact on Media Coverage. (Bern: Peter Lang, 2019).
  • Klaus Bachmann, Thomas Sparrow-Botero, and Peter Lambertz. When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals (Frankfurt am Main: Peter Lang, 2013).
  • Rogier Bartels, The Classification of Armed Conflicts by International Criminal Courts and Tribunals v. 20 International Criminal Law Review v. 20 (2020) at p. 595.
  • Kerstin Bree Carlson, Model(ing) Justice: Perfecting the Promise of International Criminal Law (New York: Cambridge University Press, 2018).
  • Emily Bryant, et al. Techniques of Neutralization and Identity Work Among Accused Genocide Perpetrators Social Problems v. 65 (2018) at 584.
  • Elisabeth Bunselmeyer and Philipp Schulz, Quasi-experimental Research Designs as a Tool for Assessing the Impact of Transitional Justice Instruments International Journal of Human Rights v. 24 (2020) at 688.
  • Linda Carter, International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems (Cheltenham, Gloucestershire: Edward Elgar Publishing, 2013).
  • Gabriele Chlevickaite, Barbora Hola, and Catrien Bijleveld, Judicial Witness Assessments at the ICTY, ICTR and ICC: Is There ‘Standard Practice’ in International Criminal Justice? Journal of International Criminal Justice v. 18 (2020) at 185.
  • Gabriele Chlevickaite, Barbora Hola, and Catrien Bijleveld, Thousands on the Stand: Exploring Trends and Patterns of International Witnesses Leiden Journal of International v. 32 (2019) at 81.
  • Mikkel Jarle Christensen and Ron Levi, International Practice of Criminal Justice: Social and Legal Perspectives (London: Routledge, 2018).
  • Mikkel Jarle Christensen, The Judiciary of International Criminal Law: Double Decline and Practical Turn Journal of International Criminal Law 17 (2019) at 537.
  • David M. Crane, Leila N. Sadat, and Michael P. Scharf, eds. The Founders: Four Pioneering Individuals Who Launched the First ModernEra International Criminal Tribunals (New York: Cambridge University Press, 2018).
  • Anne-Marie de Brouwer, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR (Antwerpen: Intersentia, 2005).
  • Claire Bradford Di Caro, Call It What Is Is: Genocide Through Male Rape and Sexual Violence in the Former Yugoslavia and RwandaDuke Journal of Comparative & International Law v. 30 (2019) at 57.
  • Yoram Dinstein, The International Law of Belligerent Occupation (New York: Cambridge University Press, 2019).
  • Rodney Dixon, Karim A.A. Kahn and Richard May (eds.), Archbold: International Criminal Courts, Practice, Procedure of Evidence 2nd ed. (London: Sweet & Maxwell, 2005).
  • Audrey Fino, Defining Hate Speech: A Seemingly Elusive Task Journal of International Criminal Justice v. 18 (2020) at 31.
  • Andreas Follesdal and Geir Ulfstein, eds., The Judicialization of International Law: A Mixed Blessing? (New York: Oxford University Press, 2018).
  • Gregory H. Fox, et al. The Contributions of United Nations Security Council Resolutions to the Law of Non-International Armed Conflict: New Evidence of Customary International Law American University Law Review, v. 67 (2018) at 649.
  • Nicole Fox, Memory in Interaction: Gender-Based Violence, Genocide, and Commemoration Signs: Journal of Women in Culture and Society v. 45 (2019) at 123.
  • James Gow. War and War Crimes: The Military, Legitimacy and Success in Armed Conflict (New York: Oxford University Press, 2014).
  • Neema Hakim. How Social Media Companies Could Be Complicit in Incitement to Genocide Chicago Journal of International Law, v. 21 (2020) at 83.
  • Kevin Jon Heller, et al., eds. The Oxford Handbook of International Criminal Law. (New York: Oxford University Press, 2020).
  • John R.W.D. Jones, International Criminal Practice: The International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, the East Timor Special Panel for Serious Crimes, War Crimes Prosecutions in Kosovo (Ardsley, NY: Transnational Publishers, 2003).
  • Natia Kalandarishvili, Transforming a Prima Facie NIAC into an IAC: Finding the Answer in IHL Israel Law Review v. 53 (2020) at 334.
  • Magda Karagiannakis, Critical Assessments of International Criminal Courts (Annadale, NSW: Federation Press, 2009).
  • Nam Kyu Kim and Gary Uzonyi, Government Mass Killing and Post-Conflict Domestic Trials Studies in Conflict & Terrorism v. 43 (2020) at 396.
  • Kimi King and James Meernik, The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals Journal of Conflict Resolution v. 63 (2019) at 348.
  • André Klip and Göran Sluiter (eds.), Annotated Leading Cases of International Criminal Tribunals (Antwerpen: Intersentia, 1999-).
  • Geert-Jan G.J. Knoops, An Introduction to the Law of International Criminal Tribunals: A Comparative Study (Ardsley: Transnational Publishers, 2003).
  • Geert-Jan Alexander Knoops, Surrendering to International Criminal Courts: Contemporary Practice and Procedures (Ardsley: Transnational Publishers, 2002).
  • James Meernik, Your Brothers Keepers: States and Their Human Rights Abusing Allies, International Studies Perspectives vol. 20 (2019) at p. 149.
  • James Meernik and Kimi King, The Security Consequences of Bering Witness Journal of Conflict Resolution v. 64 (2020) at 933.
  • Diego Mejia-Lemos, Custom in General International Law and International Criminal Law: A Survey of Selected Issues International Criminal Law Review v. 20 (2020) at 805.
  • Nema Milanimia, Understanding Serious Bodily or Mental Harm as an Act of Genocide Vanderbilt Journal of Transnational Law v. 50 (2018) at 1391.
  • Sean P. Morris. Economic Genocide Under International Law Journal of Criminal Law v. 82 (2018) at 18.
  • Ray Nickson and Alice Neikirk, Managing Transitional Justice: Expectations of International Criminal Trials (London: Palgrave Macmillan, 2018).
  • Alexander Orakhelashvili, Legal Consequences of Peremptory Norms in International Law Israel Law Review v.51 (2018) at 503.
  • Juan-Pablo Pérez-León-Acevedo, Bringing the Bosses to International Criminal Trials: The Problems with Joint Criminal Enterprise and the “Control over the Crime” Approach as a Better Alternative Pace International Law Review v. 32 (2019) at 1.
  • Juan Pablo Pérez-León-Acevedo, The Challenging Prosecution of Unlawful Attacks as War Crimes at International Criminal Tribunals Michigan State International Law Review, v. 26 (2018) at 407.
  • Victor Peskin, International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation (Cambridge: Cambridge University Press, 2008).
  • Ines Peterson, Criminal Responsibility for Omissions in ICTY and ICTR Jurisprudence International Criminal Law Review v. 18 (2018) at 749.
  • Geoffrey Robertson. Crimes Against Humanity: The Struggle for Global Justice 4th ed. (New York: The New Press, 2013).
  • Stephen Rapp, Friday Keynote Speech, American Society of International Law Proceedings v. 112 (2019) at 293.
  • Kenneth A. Rodman, When Justice Leads, Does Politics Follow?: The Realist Limits of Prosecutorial Agency in Marginalizing War Criminals Journal of International Criminal Justice v. 17 (2019) at 13.
  • Damien Rogers, Law, Politics and the Limits of Prosecuting Mass Atrocity. (London: Palgrave Macmillan, 2018).
  • Steven D. Roper and Lilian A. Barria, Designing Criminal Tribunals: Sovereignty and International Concerns in the Protection of Human Rights (Aldershot, England; Burlington, VT: Ashgate, 2006).
  • Dawn L. Rothe, James Meernik, and Þórdís Ingadóttir, eds., The Realities of International Criminal Justice (Leiden: Martinus Nijhoff Publishers, 2013).
  • Leila Nadya Sadat, Seeking Accountability for the Unlawful Use of Force. (New York: Cambridge University Press, 2018).
  • William A. Schabas, ed., The Cambridge Companion to International Criminal Law (Cambridge: Cambridge University Press, 2016).
  • William A. Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone (Cambridge: Cambridge University Press, 2006).
  • Birgit Schlütter, Developments in Customary International Law: Theory and the Practice of the International Court of Justice and the International Ad Hoc Tribunals for Rwanda and Yugoslavia (Leiden; Boston: Martinus Nijhoff Press, 2010).
  • Nora Stappert, A New Influence of Legal Scholars? The Use of Academic Writings at International Courts and Tribunals Leiden Journal of International Law v. 31 (2018) at 963.
  • Izabela Steflja, Internationalised Justice and Democratisation: How International Tribunals Can Empower Non-reformists Third World Quarterly v. 39 (2018) at 1675.
  • Milena Sterio, Women as Judges at International Criminal Tribunals Transnational Law & Contemporary Problems v. 29 (2020) at 219.
  • Mileno Sterio and Michael P. Scharf, The Legacy of Ad Hoc Tribunals in International Criminal Law (New York: Cambridge University Press, 2019).
  • Sofia Stolk, A Sophisticated Beast? On the Construction of an ‘Ideal’ Perpetrator in the Opening Statements of International Criminal Trials. European Journal of International Law v. 29 (2018) at 677.
  • Symposium on the International Criminal Tribunals for the Former Yugoslavia and Rwanda American Journal of International Law v. 110 #2 (April, 2016).
  • Elies van Sliedregt, International Outlaws Leiden Journal of International Law v. 33 (2020) at 535.
  • Matthew Waites, Genocide and Global Queer Politics Journal of Genocide Research v. 20 (2018) at 44.
  • Caleb H. Wheeler, The Right to Be Present at Trial in International Criminal Law (Leiden: Brill Nijhoff, 2019).
  • Sarah Williams, Hybrid and Internationalised Criminal Tribunals: Selected Jurisdictional Issues (Oxford; Portland: Hart Publishing, 2012).

Multi-Court Sources Online

8. Selected Topics

Selected topics derived from the final tribunals’ reports or secondary sources.

  • Amnesty: The SCSL found that a national amnesty agreement (Lomé Decision) did not prevent prosecution for war crimes, crimes against humanity, and other serious international humanitarian law violations.
  • Child Soldiers: The SCSL convicted multiple factions in the conflict for recruiting and using child soldiers. It also declined to prosecute child soldiers under age 15.
  • Civilians/Common Article 3: The ICTY and ICTR achieved many convictions for atrocities perpetrated against civilians who should have been protected during armed conflicts under Common Article 3 of the Geneva Conventions of 1949. In the Media Case, the ICTR also opened the door for civilians to be prosecuted, if they committed atrocities, such as inciting genocide.
  • Command Responsibility: The ICTY and ICTR found some commanders responsible for not preventing subordinates from committing war crimes.
  • Constitutionality/Legality: In the Tadić Appeal, the ICTY held that the Court had been lawfully established and that it had subject-matter jurisdiction. Upon appeal of three cases, the SCSL also held that the Court was constitutional and had subject-matter jurisdiction.
  • Duress: In the Erdemovic case, the ICTY held that duress was not a defense for war crimes or crimes against humanity, but it could be a mitigating factor.
  • Genocide: The ICTY confirmed that genocide was committed in Srebrenica. The ICTR confirmed that genocide was perpetrated against the Tutsi population in Rwanda.
  • Head of State (No Immunity): The ICTY indicted a head of state who died while at trial; ICTR imposed a life sentence via plea bargain with a former acting head of state; and SCSL convicted a head of state and sentenced him to 50 years in prison. Thus, heads of state can no longer expect immunity under international criminal law.
  • Joint Criminal Enterprise: The ICTY helped advance JCE as an element of international criminal law.
  • Rape/Sexual Violence: Rape was expanded to include rape against men, rape as a tool of genocide and a crime against humanity, and rape committed by a woman (government health official). Some commanders were convicted for rapes by their subordinates. Sexual violence was expanded to include forced marriage and sexual slavery.

9. Educational Resources, Research Guides & Bibliographies