The special court for Sierra Leone: some preliminary comments

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.

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