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

Volume I: Prosecutor v. Brima, Kamara and Kanu (The AFRC 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 DVD 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. Brima, Kamara and Kanu. 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 only the first 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 DVD with documents. The e-book version does not.
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Biographical Note

Charles C. Jalloh is an Assistant Professor at the University of Pittsburgh School of Law, U.S.A. He was formerly the Legal Advisor to the Office of the Principal Defender in the Special Court for Sierra Leone and first head of the OPD’s Sub-Office in The Hague. His experience includes service as legal counsel in the Canadian Department of Justice, the International Criminal Tribunal for Rwanda, and as a visiting scholar at the International Criminal Court. A member of the Ontario Bar, Canada, he has published widely in leading international law journals. He holds degrees from Guelph, McGill and Oxford Universities.

Simon M. Meisenberg was formerly a Senior Legal Officer at the Special Court for Sierra Leone and is currently with the Extraordinary Chambers in the Courts of Cambodia. He has worked at the International Criminal Tribunals for the former Yugoslavia and Rwanda. He was also associated with the Institute for International Law of Peace and Armed Conflict at the Ruhr-University of Bochum. He studied law at the Universities in Trier, Bonn (Germany) and Lausanne (Switzerland) and is a qualified lawyer, having completed the First and Second Legal State Examination in Germany. He has published numerous articles on the Special Court for Sierra Leone and on international criminal law.

Review Quotes

From the Foreword by Justice Jon Kamanda, President of the Special Court for Sierra Leone

“This volume, aptly described as the “Law Reports of the Special Court for Sierra Leone: Prosecutor v. Brima, Kamara and Kanu,” reproduces the most significant decisions of the Special Court and as such will have its own importance in passing on the jurisprudential legacy of the tribunal to other similar situated courts dealing with similar crimes or similar procedural questions and to future generations of international judges, lawyers and the public.
….
It is, therefore, with the greatest pleasure that I commend Charles Jalloh and Simon Meisenberg for their monumental achievement in reporting the case law of the Court. I trust that this excellent and important volume will help disseminate and promote the rich jurisprudential legacy of the Special Court for Sierra Leone.”

From the Foreword by Ms. Binta Mansaray, Registrar, Special Court for Sierra Leone

“As part of a larger project that will eventually capture for posterity the entire judicial output of the Special Court for Sierra Leone, this book represents a much-welcomed initiative on the part of its editors, who deserve a special medal for bringing their extensive experience and expertise on the Court to bear by systematically capturing and organizing the publicly available decisions and opinions issued by the SCSL. A mere glance at the contents shows that all the relevant interlocutory decisions and judgments – spanning the pre-trial, trial, sentencing and appeals phases of the case are included, and also that the editors paid special attention to ensure the integrity of the signed official versions issued by the judges.

For the foregoing, among other reasons, I have no doubt that this volume will meet the current need for a single and reliable reference source of all the jurisprudence in the AFRC Trial. Indeed, given the fine editorial expertise of those involved, I equally have no doubt that this book will quickly become a leading reference source for anyone interested in owning a complete collection of the SCSL’s jurisprudential legacy. In the absence of any official law reports issued by the Court, this book makes a significant contribution to the future jurisprudential legacy and record of the SCSL. I therefore highly recommend it to all practitioners and judges in other international as well as national criminal courts charged with addressing international crimes.

Furthermore, I believe that students, commentators, researchers and anyone else with an interest in international criminal law, whether at the national or international levels, will find this an indispensable and comprehensive reference work for the complete set of interlocutory judicial decisions and trial and appeals judgments in the AFRC Case. It is a volume that should occupy a special and prominent place on the shelf of every law library around the world.”

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:
Foreword by Justice Jon Kamanda President of the Special Court for Sierra Leone; Foreword by Binta Mansaray; Preface; About the Editors; Introduction;
BOOK I
Part I: Indictments
Indictment Against Alex Tamba Brima, 3 March 2003; Indictment Against Ibrahim Bazzy Kamara, 24 May 2003
Indictment Against Santigie Borbor Kanu, 15 September 2003Consolidated Indictment Against Brima, Kamara, Kanu, 5 February 2004; Amended Consolidated Indictment Against Brima, Kamara, Kanu, 13 May 2004; Further Amended and Consolidated Indictment, 18 February 2005; Part II: Interlocutory Decision – 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 Disclosure of the Indictment and the Warrant of Arrest and Order for Transfer and Detention, 14 March 2003; Decision on the Prosecutor’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure, 23 May 2003; Decision Approving the Indictment, the Warrant of Arrest, and Order for Non-Disclosure, 28 May 2003; Warrant of Arrest and Order for Transfer and Detention, 28 May 2003; Order for the Disclosure of the Indictment and the Warrant of Arrest and Order for Transfer and Detention, 3 June 2003; Decision Approving the Indictment, the Warrant of Arrest and Order for Transfer and Detention and Order for Non-Public Disclosure, 16 September 2003; Order for Disclosure of the Indictment, the Warrant of Arrest and Order for Transfer and Detention, 19 September 2003; Order Pursuant to Rule 72 (E): Application by Brima Bazzy Kamara in Respect of Jurisdiction and Defects in the Indictment, 9 October 2003; Decision on the Urgent Request for Interim Measures Until Appropriate Protective Measures are in Place, 15 October 2003; Decision on the Prosecutor’s Motion for Immediate Protective Measures for Witnesses and Victims and For Non-Public Disclosure, 23 October 2003; Decision and Order on Defence Preliminary Motion for Defects in the Form of the Indictment, 19 November 2003; Decision on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims, 24 November 2003; Order Pursuant to Rule 72 (E): Defence Motion Challenging the Jurisdiction of the Special Court Raising Serious Issues Relating to Jurisdiction on Various Grounds and Objections Based on Abuse of Process, 22 January 2004; Decision and Order on Prosecution Motions for Joinder, 27 January, 2004; Corrigendum: Decision and Order on Prosecution Motions for Joinder, 28 January 2004; Decision and Order on Defence Preliminary Motion on Defects in the Form of the Indictment, 1 April 2004; Order For Interim Measures in Relation to Assignment of Counsel for Accused Brima, 12 February 2004; Decision on Prosecution’s Application for Leave to File an Interlocutory Appeal Against the Decision on the Prosecution Motions for Joinder, 13 February 2004; Order to the Prosecution to File Disclosure Materials and Other Materials in Preparation for the Commencement of Trial, 1 April 2004; Order to the Prosecution to File a Supplemental Pre-Trial Brief and Revised Order for Filing of Defence Pre-Trial Briefs, 1 April 2004; Order to the Prosecution for Renewed Motion for Protective Measures, 2 April 2004; Decision on Prosecution Request for Leave to Amend the Indictment, 6 May 2004; Dissenting Opinion of Judge Bankole Thompson, Presiding Judge of the Trial Chamber on Prosecution’s Motion For Leave to Amend Indictment Against Accused Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu, 6 May 2004; Decision on the Prosecution Motion for Concurrent Hearing of Evidence Common to Cases SCSL-2004-15-PT and SCSL-2004-16-PT, 11 May 2004; Consequential Order and Corrigendum to the Decision on Prosecution Request for Leave to Amend the Indictment, 12 May 2004; Decision on Prosecution Application for Leave to File an Interlocutory Appeal Against Decision on Motion for Concurrent Hearing of Evidence Common to Cases SCSL-2004-15-PT and SCSL-2004-16-PT, 1 June 2004; Kanu-Decision on Motions for Exclusion of Prosecution Witness Statements Stay on Filing of Prosecution Statements, 30 July 2004; Brima-Decision on Motion for Exclusion of Prosecution Witness Statements and Stay of Filing of Prosecution Statements, 2 August 2004; Kanu-Decision on Application for Leave to File an Interlocutory Appeal Against Decision on Motions for Exclusion of Prosecution Witness Statements and Stay on Filing of Prosecution Statements, 4 February 2005; Decision on the Prosecution Application to Further Amend the Amended Consolidated Indictment by Withdrawing Counts 15-18, 15 February 2005; Corrigendum to the Decision on the Prosecution Application to Further Amend the Amended Consolidated Indictment by Withdrawing Counts 15-18, 15 February 2005; Decision on Kanu’s Motion for Dismissal of Counts 15-18 of the Indictment Due to an Alibi Defence and Lack of Prima Facie Case and Request for Extension of Time for the Hearing of the Defence Motion, 15 February 2005; Decision on Defence Applications Not to Disclose Photography, Video and Audio Recordings of the Trial to the Public and/or Third Parties, 28 February 2005; Decision on the Defence Motion for Defects in the Form of the Indictment, 2 March 2005; Decision on Kanu Motion to Disclose Prosecution Material and/or Other Information Pertaining to Rewards to Prosecution Trial Witnesses and Brima’s Motion in Support, 16 March 2005; Decision on Confidential Prosecution Motion for Protective Measures for Witness TF1-272, 15 April 2005; Decision on the Report of the Independent Counsel Pursuant to Rules 77(C)iii and 77(D) of the Rules of Procedure and Evidence, 29 April 2005; Corrigendum to the Decision on the Report of the Independent Counsel Pursuant to Rules 77(C)iii and 77(D) of the Rules of Procedure and Evidence, 2 May 2005; Decision on Joint Defence Motion on Disclosure of All Original Witness Statements, Interview Notes and Investigators’ Notes Pursuant to Rules 66 and/or 68, 4 May 2005; Consequential Order on the Role of Court Appointed Counsel, 13 May 2005; Decision on the Confidential Joint Defence Application for Withdrawal by Counsel for Brima and Kamara and on the Request for Further Representation by Counsel for Kanu, 20 May 2005; Corrigendum: Decision on the Confidential Joint Defence Application for Withdrawal by Counsel for Brima and Kamara and on the Request for Further Representation by Counsel for Kanu, 10 June 2005; Separate and Dissenting Opinion of Justice Seputinde in the Decision on the Confidential Joint Defence Application for Withdrawal by Counsel for Brima and Kamara and on the Request for Further Representation by Counsel for Kanu, 8 August 2005; Decision on Joint Defence Motion to Exclude All Evidence from Witness TF1-277 Pursuant to Rule 89(C) and/or Rule 95, 24 May 2005; Decision on the Confidential Joint Defence Motion to Declare Null and Void Testimony-in-Chief of Witness TF1 023, 25 May 2005; Separate and Dissenting Opinion of Justice Sebutinde in the Decision on the Confidential Joint Defence Motion to Declare Null and Void the Testimony of Witness TF1 023, 8 August 2005; Decision on the Extremely Urgent Confidential Joint Motion for the Re-Appointment of Kevin Metzger and Wilbert Harris as Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara and Decision on Cross Motion by Deputy Principal Defender to Trial Chamber II for Clarification of Its Oral Order of 12 May 2005, 9 June 2005; Dissenting Opinion of the Hon. Justice Julia Sebutinde from the Majority Decision on the Extremely Urgent Confidential Joint Motion for the Re-Appointment of Kevin Metzger and Wilbert Harris as Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara, and Decision on Cross-Motion by the Deputy Principal Defender to Trial Chamber II for Clarification of its Oral Order of 12 May 2005, 11 July 2005; Corrigendum: Dissenting Opinion of the Hon. Justice Julia Sebutinde from the Majority Decision on the Extremely Urgent Confidential Joint Motion for the Re-Appointment of Kevin Metzger and Wilbert Harris as Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara, and Decision on Cross-Motion by the Deputy Principal Defender to Trial Chamber II for Clarification of Its Oral Order of 12 May 2005, 25 June 2005; Decision On Objection to Question Put by Defence in Cross-Examination of Witness TF1-227, 15 June 2005; Decision on Joint Defence Application for Leave to Appeal Against the Ruling of Trial Chamber II of 5 April 2005, 15 June 2005; Decision on Joint Defence Motion on Admissibility of Expert Witnesses/Expert Evidence and Filing of Notice Pursuant to Rule 94bis (B)(i) and (ii), on Re-Filed Defence Request for Disclosure, and on the Joint Defence Motion for Exclusion of Medical Information, Statistics and Abstracts Pertaining to Witnesses TF1-081 and TF1-188, 16 June 2005; Decision on Confidential Joint Defence Request to Inspect Locus in Quo Concerning Evidence of Witness TF1-024, 16 June 2005; Decision on Joint Defence Motion Pertaining to Objections to the Nature of the Testimony in Chief of Witness TF1-150, 16 June 2005; Decision on Confidential Defence Request for Disclosure of Independent Investigator’s Report on Contempt of Court Proceedings and Request for Stay of Proceedings, 30 June 2005; Decision on Joint Defence Motion for General Orders Pursuant to Rule 54, 28 July 2005; Decision on Joint Defence Application for Leave to Appeal from Decision on Defence Motion to Exclude All Evidence from Witness TF1-277, 2 August 2005; Decision on Prosecution Request for Leave to Call an Additional Witness (Zainab Hawa Bangura) Pursuant to Rule 73 bis (E), and on Joint Defence Notice to Inform the Trial Chamber of Its Position vis-à-vis the Proposed Expert Witness (Mrs. Bangura) Pursuant to Rule 94 bis., 5 August 2005; Separate and Concurring Opinion of Justice Doherty on Prosecution Request for Leave to Call an Additional Witness Pursuant to Rule 73bis (E) and Joint Defence Application to Exclude the Expert Evidence of Zainab Hawa Bangura or Alternatively to Cross-Examine Her Pursuant to Rule 94bis, 21 October 2005; Decision on Prosecution Request for Leave to Call an Additional Witness Pursuant to Rule 73bis(E), 5 August 2005; Decision on Brima-Kamara Application for Leave to Appeal from Decision on the Re-Appointment of Kevin Metzger and Wilbert Harris as Lead Counsel, 5 August 2005; Separate and Concurring Opinion of Justice R.B. Lussick on Brima-Kamara Application for Leave to Appeal from Decision on the Re-Appointment of Kevin Metzger and Wilbert Harris as Lead Counsel, 14 September 2005; Decision on the Prosecution’s Oral Application for Leave to be Granted to Witness TF1 150 to Testify Without Being Compelled to Answer Any Questions in Cross-Examination that the Witness Declines to Answer on Grounds of Confidentiality Pursuant to Rule 70(B) and (D) of the Rules, 16 September 2005; Decision on Confidential Urgent Joint Defence Motion to Exclude Evidence Given by Witness TF1–157 and Evidence to Be Given by Witness TFI–158 Based on Lack of Authenticity and Violation of Rule 95, 10 October 2005; Decision on Prosecution Application for Leave to Appeal Decision on Oral Application for Witness TF1-150 to Testify Without Being Compelled to Answer Questions on Grounds of Confidentiality, 12 October 2005; Decision on Defence Submission Providing Evidentiary Proof of Registry’s Repeated Dissemination of Confidential Documents to the Press and Public Affairs Office, 17 October 2005; Decision on the Defence Motion for the Temporary Provisional Release to Allow the Accused Santigie Borbor Kanu to Visit His Mother’s Grave, 18 October 2005; Decision on the Prosecution Motion for Judicial Notice and Admission of Evidence, 25 October 2005; Decision on Prosecution Motion for a Locus in Quo Visit to Karina, Bombali District, the Republic of Sierra Leone, 25 October 2005; Decision on Joint Defence Motion for Leave to Recall Witness TF1-023, 25 October 2005; Decision on Prosecution Tender for Admission into Evidence of Information Contained in Notice Pursuant to Rule 92bis, 18 November 2005; Decision on Urgent Defence Request Under Rule 54 With Respect to Filing of Motion for Acquittal, 19 January 2006; Decision on Defence Motions for Judgement, 31 March 2006; Decision on Principal Defender’s Motion for a Review of the Registrar’s Decision to Install Surveillance Cameras in the Detention Facility of the Special Court for Sierra Leone, 3 April 2006; Order for Disclosure Persuant to Rule 73ter and the Start of the Defence Case, 26 April 2006; Decision on Joint Defence Request for Leave to Appeal from Decision on Defence Motions for Judgement of Acquittal Pursuant to Rule 98 of 31 March 2006, 4 May 2006; Decision on Joint Defence Application for Protective Measures for Defence Witnesses, 9 May 2006; Decision on Confidential Joint Defence Motion as to Inability to Provide Details of Certain Witnesses on 10 May 2006 and Anticipation Subpoenas Ad Testificandum, 17 May 2006; Decision on Prosecution Motion for Relief in Respect of Violations of Rule 67, 26 July 2006; Decision on Joint Defence Application for Protective Measures for Defence Witnesses Appearing from 4 September 2006 Onwards, 13 September 2006; Decision on Prosecution Motion for Relief in Respect of Violations of the Trial Chamber’s Decision of 9 May 2006, 14 September 2006; Corrigendum: Decision on Prosecution Motion for Relief in Respect of Violations of the Trial Chamber’s Decision of 9 May 2006, 16 October 2006; Decision on Confidential Prosecution Motion to Reopen the Prosecution Case to Present an Additional Prosecution Witness, 28 September 2006; Decision on Urgent Prosecution Motion for Relief in Respect of Violations of the Trial Chamber’s Order of 26 April 2006, 5 October 2006; Decision on Urgent Prosecution Motion for an Order Restricting Contacts Between the Accused and Defence Witnesses and Requiring Disclosure of Such Contacts, 10 October 2006; Decision on Confidential Motion to Call Evidence in Rebuttal, 14 November 2006; Decision on Confidential Motion to Vary Protective Measures, 15 November 2006; Decision on Prosecution Application for Leave to Appeal Decision on Confidential Motion to Call Evidence in Rebuttal, 23 November 2006; Part III: Interlocutory Decision – Appeals Chamber; Decision on Constitutionality and Lack of Jurisdiction, 13 March 2004; Decision on Challenge to Jurisdiction: Lomé Accord Amnesty, 13 March 2004; Decision on Motion Challenging Jurisdiction and Raising Objections Based on Abuse of Process, 25 May 2004; Decision on Defence Appeal Motion Pursuant to Rule 77(J) on Both the Imposition of Interim Measures and an Order Pursuant to Rule 77(C)(iii), 23 June 2005; Separate and Concurring Opinion of Hon. Justice Emmanuel Ayoola on the Decision on Appeal Against the 10 March 2005 Oral Ruling on the Allegations of Contempt, 23 June 2005; Decision on Joint Defence Appeal Against the Decision on the Report of the Independent Counsel Pursuant to Rule 77(C)(iii) and 77(D), 17 August 2005; Separate and Concurring Opinion of Justice George Gelaga King on Joint Defence Appeal Against the Decision on the Report of the Independent Counsel, Pursuant to Rule 77(C)(iii) and 77(D), 17 August 2005; Separate and Concurring Opinion of Justice Geoffrey Robertson on Joint Defence Appeal Against the Decision on the Report of the Independent Counsel, Pursuant to Rule 77(C)(iii) and 77(D), 17 August 2005; Order on the Appointment of Amicus Curiae, 24 November 2005; Order on the Appointment of Amicus Curiae, 28 November 2005; Order on the Appointment of Amicus Curiae, 02 December 2005; Corrigendum to the the Order on the Appointment of Amicus Curiae, 05 December 2005; Decision on Brima-Kamara Defence Appeal Motion Against Trial Chamber II Majority Decision on Extremely Urgent Confidential Joint Motion for the ...

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