f_0018729_16025 - E vidence in International Criminal...

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vidence in International Criminal Trials: Lessons and Contributions from the Special Court for Sierra Leone Patrick Matthew Hassan-Morlai * ……………………… Abstract This article aims to contribute to the discourse on the development of a system of international criminal justice. The paper discusses the Special Court for Sierra Leone (SCSL), in particular, certain of its rules of evidence and their role in ensuring just, fair and expeditious trials for breaches of international humanitarian and international human rights law during the Sierra Leone conflict which lasted between 1991 and 2002. In the conclusion, the author considers whether the manner in which the SCSL interpreted and applied specific rules of evidence helped it to meet and contribute to the objectives of a system of international criminal justice. These objectives include holding violators of international norms accountable; guaranteeing procedural proprietary; giving legitimacy to the process and bestowing confidence in international criminal justice institutions. Though not without criticism, the author concludes that they did. _______________________ *Part-Time Law Lecturer, University of East London and Senior Caseworker at the Human Rights and Prison Law Department, Kaj & Co. Solicitors, London, England. E-mail: P.Hassan- Morlai@uel.ac.uk . 2009 © The Africa Law Institute; all rights reserved. Cite as: 3 Afr. J. of Leg. Stud. (2009) 96-118. AJLS is a free peer-reviewed and interdisciplinary journal published by The Africa Law Institute. To download or comment on current articles, sign-up for future issues or submit a manuscript, please visit <http://www.africalawinstitute.org/ajls>. Each issue of the journal is also available to subscribed researchers throughout the world via CIAO Net, HeinOnline, Lexis-Nexis, ProQuest, Quicklaw and Westlaw. AJLS welcomes books for review and inquiries from scholars and experts wishing to serve on our consultative board. E-mail Charles Chernor Jalloh, Founding Editor-in- Chief, at ajls.editor@gmail.com . E
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3 Afr. J. Leg. Stud. (2009) 96-118 -97- I. Introduction Trials for violations of international human rights and humanitarian law have proliferated in recent times. Most are taking place before international and hybrid tribunals. The majority, if not all, draw some experience from the International Military Tribunals (IMT) in Nuremberg and Tokyo. Although earlier attempts at enforcing the laws of war and punishing those responsible for heinous atrocities developed haphazardly, they have come to be regarded as a viable option for the international community‟s response to specific events that caused grave suffering and loss of lives. These attempts contributed towards establishing a court-based system of international criminal justice to address breaches of international human rights (IHR) and international humanitarian law (IHL). 1
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f_0018729_16025 - E vidence in International Criminal...

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