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Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara & Santigie Borbor Kanu. Case No. SCSL-04-16-T.; Prosecutor v. Moinina Fofana & Allieu Kondewa. Case No. SCSL-04-14-T

Published online by Cambridge University Press:  27 February 2017

Daniel Bodansky ,
Valerie Oosterveld  and
Andrea Marlowe
Valerie Oosterveld
Affiliation:
University of Western Ontario Faculty of Law
Andrea Marlowe
Affiliation:
University of Toronto Faculty of Law
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Abstract

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Type
International Decisions
Information
American Journal of International Law , Volume 101 , Issue 4 , October 2007 , pp. 848 - 857
Copyright
Copyright © American Society of International Law 2007

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References

1 Prosecutor v. Brima, Judgment, Case No. SCSL-0 4–16-T (Spec. Ct. Sierra Leone, Trial Chamber II, June 20, 1997), at <http://www.sc-sl.org/AFRC.html>. Except as noted, the materials of the Special Court cited in this case report are available on the Court’s Web site, <http://www.sc-sl.org>.

2 Prosecutor v. Fofana, Judgment, Case No. SCSL-0 4–14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Aug. 2, 2007).

3 Prosecutor v. Brima, Further Amended Consolidated Indictment, Case No. SCSL-0 4–16-PT (Spec. Ct. Sierra Leone, Trial Chamber II, Feb. 18, 2005).

4 Specifically, the trial chamber found that the prosecutor’s description of the common purpose—”to take any actions necessary to gain and exercise political power and control over the territory of Sierra Leone, in particular the diamond mining areas”—did not identify the criminal purpose required for joint criminal enterprise and that this omission was not remedied in other ways (paras. 67, 7 3–85).

5 Justice Doherty, in her partly dissenting opinion (paras. 3, 12), agreed that the count was duplicative but held that the remedy was to sever the portion of the count on which evidence had not been brought (any other form of sexual violence) and to allow evidence to be considered for sexual slavery.

6 See Prosecutor v. Brima, Decision on Urgent Defence and Prosecution Motion for an Extension of Time for the Filing of Appeals Briefs, Case No. SCSL-200 4–16-A (Spec. Ct. Sierra Leone, Trial Chamber II, Aug. 10, 2007); Prosecutor v. Brima, Decision on Urgent Prosecution Motion for an Extension of the Page Limit for Its Appeal Brief, Case No. SCSL-200 4–16-A (Spec. Ct. Sierra Leone, Trial Chamber II, Aug. 24, 2007).

7 Prosecutor v. Norman, Indictment, Case No. SCSL-0 3–14-I (Spec. Ct. Sierra Leone, Trial Chamber I, Feb. 4, 2004).

8 Special Court for Sierra Leone Press Release, Special Court Indictee Sam Hinga Norman Dies in Dakar (Feb. 22, 2007).

9 These decisions are not available on the Special Court’s Web site. However, page 4 of the attachment to Annex A of the CDF judgment references the Decision on the Registrar’s Submission of Evidence of the Death of Accused Samuel Hinga Norman and Consequential Issues (Spec. Ct. Sierra Leone, Trial Chamber I, May 21, 2007). Paragraph 8 of the CDF judgment refers to a unanimous chamber decision of July 19, 2007, dismissing an application by Norman’s defense team for an extension of time to request leave to appeal.

10 Judgment on the Sentencing of Moinina Fofana and Allieu Kondewa, Case No. SCSL-0 4–14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Oct. 9, 2007).

11 For a subsequent prosecution of this crime by the International Criminal Court, see Prosecutor v. Lubanga Dyilo, as reported by Mark Drumbl in this issue.

12 Prosecutor v. Norman, Decision on Preliminary Motion Based on Lack of Jurisdiction (Child Recruitment), Case No. SCSL-200 4–14-AR72(E) (Spec Ct. Sierra Leone, Trial Chamber I, May 31, 2004).

13 Karen, Engle, Feminism and Its (Dis)Contents: Criminalizing Wartime Rape in Bosnia and Herzegovina 99 AJIL 815 (2005)Google Scholar; Katherine, M. Franke, Gendered Subjects of Transitional Justice 15 Colum. J. Gender & L. 823 (2006).Google Scholar

14 Prosecutor v. Norman, Decision on Prosecution Request for Leave to Amend the Indictment, Case No. SCSL-0 4–14-PT (Spec. Ct. Sierra Leone, Trial Chamber I, May 20, 2004).

15 .Prosecutor v. Norman, 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, Case No. SCSL-0 4–14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Aug. 2, 2004); Prosecutor v. Norman, Decision on Prosecution Appeal Against the Trial Chamber’s Decision of 2 August 2004 Refusing Leave to File an Interlocutory Appeal, Case No. SCSL-0 4–14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Jan. 17, 2005).

16 Sara, Kendall & Michelle, Staggs, Silencing Sexual Violence: Recent Developments in the CDF Case at the Special Court for Sierra Leone (2005), at <http://socrates.berkeley.edu/~warcrime/SL.htm>>Google Scholar; Prosecutor v. Norman, Reasoned Majority Decision on Prosecution Motion for a Ruling on the Admissibility of Evidence, Case No. SCSL-0 4–14-PT, paras. 1–3, 5, 9 (Spec. Ct. Sierra Leone, Trial Chamber I, May 24, 2005).

17 Prosecutor v. Norman, Decision on the Urgent Prosecution Motion Filed on the 15th of February 2005 for a Ruling on the Admissibility of Evidence, Case No. SCSL-04- 14-T (Spec. Ct. Sierre Leone, Trial Chamber I, May 23, 2005); Prosecutor v. Norman, Reasoned Majority Decision on Prosecution Motion for a Ruling on the Admissibility of Evidence.

18 Prosecutor v. Norman, Majority Decision on Request for Leave to Appeal Decision on Prosecution Motion for a Ruling on Admissibility of Evidence, Case No. SCSL-04- 14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Dec. 9, 2005) (as corrected Jan. 23, 2006).

19 Kendall & Staggs, supra note 16, at 4 n.5 (citing Prosecution Supplementary Pre-trial Brief (Apr. 22, 2004)).

20 Evidence of sexual- and gender-based violence directed against men was admissible (paras. 496, 520).

21 For a detailed description of sexual violence in CDF-held areas, see Human Rights Watch, “We’ll Kill You if You Cry”: Sexual Violence in the Sierra Leone Conflict 2 7–2 8, 4 6–4 8 (2003). For allegations of rape committed by, or under the control of, certain accused, see Kendall & Staggs, supra note 16, at 3.

22 Judgment on the Sentencing of Moinina Fofana and Allieu Kondewa, Case No. SCSL-0 4–14-T (Spec. Ct. Sierra Leone, Trial Chamber I, Oct. 9, 2007).