The Law Reports of the Special Court for Sierra Leone (2 vols.)

Volume II: Prosecutor v. Norman, Fofana and Kondewa (The CDF Case)

The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict.

This volume, which consists of two books and a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case
Prosecutor v. Norman, Fofana and Kondewa (The CDF Case).
It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file.

The book, which is the second in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal’s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.

N.B.: The hardback copy of this title contains a CD-ROM with the scanned decisions that are reproduced in the book and the trial transcripts.
The e-book version does not.

E-Book

EUR €591.00USD $729.00

Biographical Note

Charles Chernor Jalloh is currently an Assistant Professor at the University of Pittsburgh School of Law, U.S.A., where he teaches and researches in the areas of Criminal Law, International Criminal Law, International Human Rights Law and Public International Law. A member of the Ontario Bar in Canada, he has served as Legal Counsel in the Crimes Against Humanity and War Crimes Section, Canadian Department of Justice; Associate Legal Officer in Trial Chamber I at the United Nations International Criminal Tribunal for Rwanda; as the Legal Advisor and Duty Counsel in the Office of the Principal Defender, Special Court for Sierra Leone and as a Visiting Scholar in the Office of the Public Counsel for Defence at the International Criminal Court. Professor Jalloh, who has published widely in leading scholarly journals and edited the consolidated legal texts of the SCSL in 2007, is the founding Editor-in-Chief of the interdisciplinary and peer-reviewed African Journal of Legal Studies, a member of the Advisory Panel to the President of the International Criminal Tribunal for the Former Yugoslavia, the Advisory Board of the War Crimes Committee, International Bar Association, an elected Co-Chair of the International Criminal Law Interest Group in the American Society of International Law and a Fellow of the Sierra Leone Institute of International Law. He holds a Bachelor of Arts in International Development Studies from the University of Guelph, Bachelor of Laws and Bachelor of Civil Law degrees from McGill University with a focus on International and Comparative Law and a Master’s in International Human Rights Law from the University of Oxford (Kellogg College). At Oxford, where he was a Chevening Scholar, his thesis assessed the contribution of the SCSL to the development of international criminal law. He graduated with distinction. Professor Jalloh is founding President of the Africa Law Institute, a legal and social science think tank based in The Gambia aimed at advancing good governance, human rights and the rule of law in Africa.

Simon M. Meisenberg is currently a Legal Advisor to the Extraordinary Chambers in the Court of Cambodia and a former Senior Legal Officer at the Special Court for Sierra Leone. He joined the SCSL in January 2005, following a previous interval in 2003, and has assisted Trial Chamber I and II on the trials and judgements in Prosecutor v. Brima, Kamara and Kanu, Prosecutor v. Sesay, Kallon and Gbao and Prosecutor v. Taylor. Before joining the SCSL, he worked as a legal assistant on a Defence Team at the International Tribunal for the former Yugoslavia and in a Trial Chamber at the International Criminal Tribunal for Rwanda. He has been associated with the Institute for International Law of Peace and Armed Conflict at the Ruhr-University of Bochum. He is a member of the German Working Group for International Criminal Law; the United Nations Association of Germany; the European Society of International Law, and the African Law Association. He has studied Law at the Universities in Trier, Bonn (Germany) and Lausanne (Switzerland) and is a qualified lawyer, holding the First and Second Legal State Examination, which qualify him for all judicial posts in Germany.

Review Quotes

From 11 Journal of International Criminal Justice (2013), 1161-1168 by Dr. Ousman Njikam

„This series of Law Reports of the Special Court for Sierra Leone will become the primary source for the jurisprudence of the Special Court for all practitioners and academics. [...]Publications of this nature underscore the indispensability of enlightened and informed accessibility of the law, especially as it is authoritatively expounded in the laboratories of justice, national or international. Law reporting is a necessary and effective educational tool, not only in acquiring knowledge of the law but also in promoting respect of the rule of law. This volume is important for all academics, students of international criminal law, policymakers and advocates within governmental and non-governmental organizations and all those who are concerned about the process of rendering justice in a post-conflict society.“

From 5 African Journal of Legal Studies (2012), 339-349 by Dr. Alex Obote Odara

“A holistic reading of the Trial and Appeals AFRC interlocutory decisions and judgements disclose the depth at which the Chambers addressed different and difficult legal issues relating to non-international armed conflicts. I strongly recommend this volume to practising international criminal law lawyers, policy makers, human rights activists and all persons interested in addressing the complex issues of non-international armed conflict.”

Table of contents

Excerpt of table of contents:
About the Editors; Foreword by President Jon Kamanda; Foreword by Registrar Binta Mansaray; Preface; Introduction;
Part I: Indictments:
Prosecutor against Sam Hinga Norman, Indictment, 3 March 2003;
Prosecutor against Moinina Fofana, Indictment, 24 June 2003;
Prosecutor against Allieu Kondewa, Indictment, 24 June 2003;
Prosecutor against Samuel Hinga Norman, Moinina Fofana, Allieu Kondewa, Consolidated Indictment, 4 Feb. 2003;
Part II: Interlocutory Decisions—Trial Chamber:
Decision Approving the Indictment and Order for Non-Disclosure, 7 March 2003;
Warrant of Arrest and Order for Transfer and Detention, 7 March 2003;
Order for the Initial Appearance to be Held in Closed Session, 14 March 2003;
Order for the Disclosure of the Indictment and the Warrant of Arrest and Order for Transfer and Detention, 15 March 2003;
Reasons for Ordering a Closed Session, 15 March 2003;
Scheduling Order, 22 March 2003;
Order for the Disclosure of any Information Inherent to the Initial Appearance of the Accused, 11 April 2003;
Decision on the Prosecution Motion to Allow Disclosure to the Registry and to Keep Disclosed Materials Under Seal Until Appropriate Protective Measures are in Place, 17 April 2003;
Decision on the Prosecutor’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure, 23 May 2003;
Order for Transfer and Provisional Detention Pursuant to Rule 40bis, 28 May 2003;
Order for Transfer and Provisional Detention Pursuant to Rule 40bis, 28 May 2003;
Decision Approving the Indictment and Order for the Continued Detention of the Accused, 26 June 2003;
Decision Approving the Indictment and Order for the Continued Detention of the Accused, 26 June 2003;
Ruling on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure and Urgent Request for Interim Measures Until Appropriate Protective Measures Are in Place, 10 October 2003;
Decision on the Defence Preliminary Motion on Lack of Jurisdiction: Command Responsibility, 15 October 2003;
Decision on the Prosecutor’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure, 16 October 2003;
Decision on the Request by the Truth and Reconciliation Commission of Sierra Leone to Conduct a Public Hearing with Samuel Hinga Norman, 29 October 2003;
Decision on the Defence Motion on the Denial of Right to Appeal, 7 November 2003 125
Decision on the Urgent Defence Application for Release from Provisional Detention, 21 November 2003;
Decision on the Urgent Application for Release from Provisional Detention, 21 November 2003;
Decision and Order on Defence Preliminary Motion for Defects in the Form of the Indictment, 27 November 2003;
Order Pursuant to Rule 72(E): Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone, 3 December 2003;
Order Pursuant to Rule 72(E): Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations, 3 December 2003;
Order Pursuant to Rule 72(E): Defence Motion Based on Lack of Jurisdiction Establishment of Special Court Violates Constitution of Sierra Leone, 4 December 2003;
Order Pursuant to Rule 72(E): Defence Motion Based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by Lomé Accord, 8 December 2003;
Order Pursuant to Rule 72(E): Preliminary Defence Motion on the Lack of Jurisdiction Materiae: Nature of the Armed Conflict, 10 December 2003;
Decision and Order on Prosecution Motions for Joinder, 27 January 2004;
Corrigendum: Decision and Order on Prosecution Motions for Joinder, 28 January 2004;
Order under Rule 65(B) on the Submissions from the Government of Sierra Leone, 12 February 2004;
Order for Filing Pre-Trial Briefs (Under Rules 54 and 73bis), 13 February 2004;
Scheduling Order for Status Conference (Under Rule 65bis), 13 February 2004;
Order to Submit Indication of Specific Changes to Indictments, 26 February 2004;
Decision on the Preliminary Defence Motion on the Lack of Personal Jurisdiction Filed on Behalf of Accused Fofana, 3 March 2004;
Provisional Ruling on Defence Motion for Release on Bail, 5 March 2004;
Revised Order for the Filing of Defence Pre-Trial Briefs, 22 March 2004;
Order to the Prosecution to File a Supplemental Pre-Trial Brief, 1 April 2004;
Order to the Prosecution to File Disclosure Materials and Other Materials in Preparation for the Commencement of Trial, 1 April 2004;
Order for a Pre-Trial Conference (Under Rule 73bis), 2 April 2004;
Norman—Interim Order and Scheduling Order, 2 April 2004;
Order to the Prosecution for Renewed Motion for Protective Measures, 2 April 2004;
Norman—Revised Scheduling Order, 6 April 2004;
Norman—Decision on Inter Partes Motion by Prosecution to Freeze the Account of the Accused Sam Hinga Norman at Union Trust Bank (SL) Limited or at Any Other Bank in Sierra Leone, 19 April 2004;
Kondewa—Additional Revised Order for Filing of Defence Pre-Trial Brief, 22 April 2004;
Kondewa—Scheduling Order for in Chambers Hearing, 28 April 2004;
Kondewa—Decision on Defence Motion Requesting an Extension of Time within which to Respond to Prosecution’s Motion for Judicial Notice and Admission of Evidence, 30 April 2004;
Kondewa—Order Rejecting the Filing of the Defence Objection to Prosecution’s Motion for Judicial Notice and Admission of Facts, 5 May 2004;
Order for Commencement of Trial, 11 May 2004;
Decision on Prosecution Request for Leave to Amend the Indictment, 20 May 2004;
Decision on Co-Operation Between the Parties, 26 May 2004;
Decision on Request for Extension of Time to File Pre-Trial Brief, 26 May 2004;
Order to Prosecution to Provide Order of Witnesses and Witness Statements, 28 May 2004;
Order to Permit Photography at the Opening of the Trials, 2 June 2004;
Decision on Prosecution’s Motion for Judicial Notice and Admission of Evidence, 2 June 2004;
Corrigendum to Decision on Prosecution’s Motion for Judicial Notice and Admission of Evidence, 23 June 2004;
Decision on Prosecution Motion for Modification of Protective Measures for Witnesses, 8 June 2004;
Decision on the Application of Samuel Hinga Norman for Self Representation Under Article 17(4)(d) of the Statute of the Special Court, 8 June 2004;
Consequential Order on Assignment and Role of Standby Counsel, 14 June 2004;
Statement by the Trial Chamber on the State of the Proceedings in the Trial of the CDF Group of Indictees, 14 June 2004;
Decision on Request by Samuel Hinga Norman for Additional Resources to Prepare His Defence, 23 June 2004;
Decision on Motion to Compel the Production of Exculpatory Witness Statements, Witness Summaries and Materials Pursuant to Rules 68, 8 July 2004;
Decision on Disclosure of Witness Statements and Cross-Examination, 16 July 2004;
Decision on Prosecution Request for Leave to Call Additional Witnesses, 29 July 2004;
Order to Prosecution to Provide Order of Witnesses and Witness Statements, 29 July 2004;
Order for Prosecution to Supplement Request, 30 July 2004;
Majority Decision on the Prosecution’s Application for Leave to File an Interlocutory Appeal Against the Decision on the Prosecution’s Request for Leave to Amend the Indictment Against Samuel Hinga Norman, Moinina Fofana and Allieu Kondewa, 2 August 2004;
Fofana—Decision on Application for Bail Pursuant to Rule 65, 5 August 2004;
Order on an Application by the Prosecution to Hold a Closed Session Hearing of Witnesses TF2-082 and TF2-032, 13 September 2004;
Order on an Application by the Prosecution to Hold a Closed Session Hearing of Witness TF2-151, 24 September 2004;
Consequential Order on the Role of Court Appointed Counsel, 1 October 2004;
Consequential Order to Decision on Prosecution Request for Leave to Call Additional Expert Witness, 1 October 2004 523
Decision on Prosecution Request for Leave to Call Additional Expert Witness Dr. William Haglund, 1 October 2004;
Order on Protective Measures for Additional Witnesses, 1 October 2004;
Ruling on Disclosure of Witness Statements, 1 October 2004;
Ruling on the Defence Request for Disclosure of the Identity of a Possible Prosecution Expert Witness, 1 October 2004;
Ruling on the Issue of Non-Appearance of the First Accused Samuel Hinga Norman, the Second Accused Moinina Fofana, and the Third Accused, Allieu Kondewa at the Trial Proceedings, 1 October 2004;
Decision on Joint Request for Leave to Appeal Against Decision on Prosecution’s Motion for Judicial Notice, 19 October 2004;
Order on an Application by the Prosecution to Hold a Closed Session Hearing of Witness TF2-223, 27 October 2004;
Order on Prosecution Map Exhibits, 27 October 2004;
Order Revoking Additional Resources Provided to Sam Hinga Norman for the Preparation of His Self-Defence, 27 October 2004;
Order on Trial Monitoring During Closed Session, 27 October 2004;
Order on Co-Operation Between the Parties, 3 November 2004;
Order to Prosecution to Re-File Motion and Seek Leave to Submit Supplementary Materials, 3 November 2004;
Order on Trial Monitoring During Closed Session, 5 November 2004;
Ruling Granting the Prosecution Leave to Submit Supplementary Materials, 9 November 2004;
Ruling on Motion for Modification of Protective Measures for Witnesses, 18 November 2004;
Consequential Order on the Withdrawal of Ms. Quincy Whitaker as Court Appointed Counsel for the First Accused, 19 November 2004;
Order to Permit Filming in the Court Room, 25 November 2004;
Decision on the First Accused’s Motion for Service and Arraignment on the Consolidated Indictment, 29 Nov. 2004;
Consequential Order to Decision on the First Accused’s Motion for Service and Arraignment on the Consolidated Indictment, 30 November 2004;
Decision on Motion Requesting Reasons for Decision Ordering Witness TF2-201 to Testify in Closed Session, 1 December 2004;
Decision on Request of the First Accused for Leave to Cross-Examine Expert Witness Out of Time, 1 December 2004;
Decision on the Second Accused’s Motion for Service and Arraignment on the Consolidated Indictment, 6 Dec. 2004;
Ruling on Defence Oral Application to Call OTP Investigators who took Down in Writing Statements of Prosecution Witness TF2-021, 7 December 2004;
Decision on Third Accused Motion for Service of the Consolidated Indictment and Further Appearance, 8 Dec. 2004;
Decision on Prosecution Application for Leave to Appeal “Decision on the First Accused’s Motion for Service and Arraignment on the Consolidated Indictment,” 15 December 2004;
Decision on Application by First Accused for Leave to Make Interlocutory Appeal Against the Decision on the First Accused’s Motion for Service and Arraignment on the Consolidated Indictment, 16 December 2004;
Order to Prosecution to Provide Order of Witnesses and Witness Statements, 25 January 2005 805
Order on Filing, 7 February 2005;
Order to Prosecution to File Military Expert’s Curriculum Vitae, 24 February 2005;
Decision on Joint Motion by Sam Hinga Norman, Moinina Fofana and Allieu Kondewa Seeking Permission for Defence Investigators to Sit in Court During Closed Sessions, 28 February 2005;
Decision on Presentation of Witness Testimony on Moyamba Crime Base, 1 March 2005;
Ruling on Request for Withdrawal of Mr. Tim Owen, as Court Appointed Counsel for the First Accused, 1 March 2005;
Ruling on Defence Oral Application to Call an OTP Investigator Who Took a Written Statement From Prosecution Witness TF2-022, 1 March 2005;
Order on Disclosure and Characterisation of the Age of Witness TF2-080, 14 April 2005;
Decision on Request for Stayed Witness Indexing, 28 April 2005;
Decision on First Accused’s Motion on Abuse of Process, 28 April 2005;
Decision on the Urgent Prosecution Motion Filed on the 15th of February 2005 for a Ruling on the Admissibility of Evidence, 23 May 2005;
Decision on Request by First Accused for Leave to Appeal Against the Trial Chamber’s Decision on Presentation of Witness Testimony on Moyamba Crime Base, 23 May 2005;
Decision on Prosecution Request for Leave to Call Additional Witnesses and for Orders for Protective Measures, 24 May 2005;
Decision on Request by First Accused for Leave to Appeal Against the Trial Chamber’s Decision on First Accused’s Motion on Abuse of Process, 24 May 2005;
Reasoned Majority Decision on Prosecution Motion for a Ruling on the Admissibility of Evidence, 24 May 2005;
Consequential Order on Amendment of the Consolidated Indictment, 25 May 2005;
Scheduling Order on Filing of Submissions by the Parties should a Motion for Judgment of Acquittal be Filed by Defence, 2 June 2005;
Decision on Extremely Urgent Prosecution Request for an Extension of Time to Seek Leave to Appeal, 7 June 2005;
Decision on Defence Application Regarding Witness TF2-218, 8 June 2005;
Decision on Prosecution Application for Closed Session for Witness TF2-218, 15 June 2005;
Decision on Prosecution Request for Leave to Call Additional Witnesses and for Orders for Protective Measures, 21 June 2005;
Decision on Prosecution’s Request to Admit into Evidence Certain Documents Pursuant to Rules 92bis and 89(C), 14 July 2005;
Decision on Defence Request for Leave to Appeal Against the Consequential Non-Arraignment Order of Trial Chamber I, 25 July 2005;
Decision on Norman Counsel’s Request for Leave to Appeal Under Rule 46(H), 25 July 2005;
Order to the Prosecution on Filing, 20 September 2005;
Decision on Motions for Judgment of Acquittal Pursuant to Rule 98, 21 October 2005;
Order Concerning the Preparation and Presentation of the Defence Case, 21 October 2005;
Order Re-Scheduling Status Conference and Order for Submissions by the Prosecution, 21 November 2005;
Consequential Order for Compliance with the Order Concerning the Preparation and Presentation of the Defence Case, 28 November 2005;
Order on Urgent Motion for Reconsideration or, in the Alternative, for Leave to Appeal the Orders for Compliance with the Order Concerning the Preparation and Presentation of the Defence Case, 29 November 2005;
Order for Submissions and Interim Order Pursuant to Rule 54 of the Rules, 1 December 2005;
Decision on Urgent Motion for Reconsideration of the Orders for Compliance With the Order Concerning the Preparation and Presentation of the Defence Case, 7 December 2005;
Order on the Appointment of Additional Counsel for the Norman Defence Team, 8 December 2005;
Decision on Fofana Motion for Adjustment of Status of Counsel, 9 December 2005;
Majority Decision on Request for Leave to Appeal Decision on Prosecution Motion for a Ruling on Admissibility of Evidence, 9 December 2005;
Corrigendum: Majority Decision on Request for Leave to Appeal Decision on Prosecution Motion for a Ruling on Admissibility of Evidence, 23 January 2005;
Order to the Defence for the Filing of an Evidentiary Chart, 9 December 2005;
Consequential Order to the Status Conference of 18 January 2006, 18 January 2006; .....
etc.
Part III: Interlocutory Decisions – Appeals Chamber;
Decision on Application by the University of Toronto International Human Rights Clinic for Leave to File Amicus Curiae Brief, 1 November 2003;........
etc.
Part IV: Judgments:
Trial Chamber I: Judgement, 2 August 2007;
Trial Chamber I: Judgement on the Sentencing of Moinina Fofana and Allieu Kondewa, 9 October 2007;
Appeals Chamber: Judgment, 28 May 2008;
Part V: Registrar Decisions:
Decision Prohibiting Communications and Visits, 20 January 2004;
Decision for the Assignment of a New Case Number, 3 February 2004;
Order for Assignment of Standby Counsel for Samuel Hinga Norman, 15 June 2004;
Decision Prohibiting Visits, 8 November 2004;
Part VI: Miscellaneous: Principal Officials of the Special Court for Sierra Leone; Select Bibliography; Index.

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