Universal Jurisdiction: The Sierra Leone Profile (International Criminal Justice Series Book 3)

The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone. Foreword 7 Preface 10 Acknowledgments 13 Contents 15 1 Introduction 19 Abstract 19 1.1 Sierra Leone and Impunity 19 1.2 The Existing Profile 20 1.3 Conclusion 21 1.4 Summary 21 References 22 2 Sources of International Law 23 Abstract 23 2.1 Introduction 23 2.2 Custom 24 2.3 General Principles of Law Common to All Civilized Nations 26 2.4 Judicial Decisions 27 2.5 Writings of Publicists 28 2.6 Treaties or International Conventions 28 2.7 Conclusion 29 2.8 Summary 30 References 31 3 Relationship Between International Law and Municipal Law: History, Theories, Status, and Related Aspects 32 Abstract 32 3.1 Historical Insights 32 3.2 Theories 34 3.3 The Status of Municipal Law in International Law 35 3.4 The Status of International Law in Municipal Law 36 3.5 Justiciability, State Immunity, and Kindred Doctrines: The Applicable Sierra Leone Law 38 3.6 Conclusion 42 3.7 Summary 43 References 44 4 Justice in Sierra Leone: Principal Agencies 45 Abstract 45 4.1 The Ordinary Courts 46 4.1.1 Criminal Jurisdiction: Brief History 46 4.1.2 Criminal Jurisdiction: Existing Organization and Structure 46 4.1.2.1 Customary Law Courts 47 4.1.2.2 Magistrates’ Courts 48 4.1.2.3 High Court 50 4.1.2.4 Court of Appeal 51 4.1.2.5 Supreme Court 52 4.1.3 Civil Jurisdiction: Existing Organization and Structure 54 4.1.3.1 Customary Law Courts 54 4.1.3.2 Magistrates’ Courts 54 4.1.3.3 High Court 54 4.1.3.4 Court of Appeal 56 4.1.3.5 Supreme Court 56 4.2 The Military Courts 57 4.2.1 Courts Martial 57 4.2.2 Court of Appeal 57 4.3 The Police 58 4.4 The Office of the Attorney-General and Minister of Justice 60 4.5 The Legal Profession: The Private Practising Bar 62 4.6 The Prison System 63 4.7 Administration of Justice in Sierra Leone: A Critique 64 4.8 Conclusion 65 4.9 Summary 66 References 67 5 Justice in Sierra Leone: Subsidiary Agencies 68 Abstract 68 5.1 Sierra Leone Legal System: Subsidiary Components 68 5.1.1 The Ombudsman Office 68 5.1.2 The Human Rights Commission of Sierra Leone 70 5.1.3 The Sierra Leone Law Reform Commission 72 5.1.4 The Anti-Corruption Commission 74 5.1.5 The Sierra Leone Truth and Reconciliation Commission 75 5.1.6 The Justice Sector Coordination Office 76 5.2 Conclusion 76 5.3 Summary 77 References 78 6 Jurisdiction: Nature, Scope, Dimensions, and Complexities 79 Abstract 79 6.1 Meaning of Jurisdiction 80 6.2 Domestic Jurisdiction 80 6.2.1 Classification of Domestic Jurisdiction 80 6.2.1.1 The Territorial Principle 81 6.2.1.2 The Nationality Principle 82 6.2.1.3 The Passive Personality Principle 83 6.2.1.4 The Protective Principle 83 6.2.1.5 The Universality Principle 84 6.3 Universal Jurisdiction Elaborated 84 6.3.1 Rationale, Scope, and Dimensions 84 6.3.2 Complexities 86 6.4 Conclusion 87 6.5 Summary 87 References 88 7 Universal Criminal Jurisdiction: Law and Practice in Sierra Leone 89 Abstract 89 7.1 Propositions of Law 89 7.1.1 General Propositions 90 7.1.2 Specific Propositions: War Crimes 91 7.1.3 Specific Propositions: Crimes Against Humanity 92 7.2 Conclusion 93 7.3 Summary 93 References 94 8 Universal Civil Jurisdiction: Law and Practice in Sierra Leone 95 Abstract 95 8.1 Universal Jurisdiction 95 8.1.1 Preliminary Observations 95 8.1.2 Propositions 96 8.2 Conclusion 98 8.3 Summary 98 References 98 9 Universal Jurisdiction: The Sierra Leone Profile—Problematic Features 99 Abstract 99 9.1 Preliminary Observation 99 9.1.1 Definitional Problems 100 9.1.1.1 War Crimes 100 9.1.1.2 Crimes Against Humanity 102 9.2 Conceptual Problems 104 9.2.1 Principles of Criminal Liability 104 9.2.2 Defences 105 9.2.2.1 Self-defence 106 9.2.2.2 Defence of Property 107 9.2.2.3 Necessity 107 9.2.2.4 Consent 109 9.2.2.5 Execution of Public Duty 109 9.2.2.6 Mistake 109 9.2.2.7 Infancy 109 9.2.2.8 Duress (or Compulsion) 110 9.2.2.9 Intoxication 111 9.2.3 Insanity 112 9.2.3.1 Procedural Defects 112 9.2.3.2 Statutes of Limitation 113 9.2.3.3 Double Criminality 113 9.2.3.4 Immunities 113 9.2.3.5 Restrictions on Retroactivity in Criminal Law 115 9.2.3.6 Double Jeopardy 117 9.2.3.7 Restrictions on Victims’ Rights 118 9.3 Institutional Problems 118 9.3.1 Political Control 119 9.3.2 Amnesties 119 9.3.3 Extradition and Mutual Legal Assistance 121 9.3.3.1 Extradition 121 9.3.3.2 Mutual Legal Assistance 129 9.4 Other Institutional Defects 131 9.5 Conclusion 131 9.6 Summary 132 References 133 10 Universal Jurisdiction in Sierra Leone: Reform of the Law 134 Abstract 134 10.1 Conceptualizing Law Reform 134 10.2 The Machinery for Law Reform in Sierra Leone 135 10.3 Proposed Agenda for Reform 136 10.4 Specific Reform Proposals 136 10.5 Conclusion 138 10.6 Summary 138 References 139 Table of Cases Cited 140 Table of Statutes of International Courts and Other International Legal Instruments 142 Table of Legislation 145 Bibliography 147 Index 149 This book is about the combating of impunity from international criminality, with a special focus on the role of Sierra Leone as a pioneer in the progressive application of international criminal law in the African region. Despite Sierra Leone?s role, the country?s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such crimogenic acts. Based on his vast experience in this field, the author provides the reader with a seminal scholarly work articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. He also proposes substantive and procedural law reforms in the state?s relevant law on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant footnotes, tables and summaries of each chapter. Justice Bankole Thompson holds a Ph. D. in Law from the University of Cambridge. He is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a Judge of the Special Court for Sierra Leone. Currently, Justice Thompson is a Judge of the Residual Special Court for Sierra Leone, and a fellow of the Sierra Leone Institute of International Law The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. 0It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines Front Matter....Pages i-xx Introduction....Pages 1-4 Sources of International Law....Pages 5-13 Relationship Between International Law and Municipal Law: History, Theories, Status, and Related Aspects....Pages 15-27 Justice in Sierra Leone: Principal Agencies....Pages 29-51 Justice in Sierra Leone: Subsidiary Agencies....Pages 53-63 Jurisdiction: Nature, Scope, Dimensions, and Complexities....Pages 65-74 Universal Criminal Jurisdiction: Law and Practice in Sierra Leone....Pages 75-80 Universal Civil Jurisdiction: Law and Practice in Sierra Leone....Pages 81-84 Universal Jurisdiction: The Sierra Leone Profile—Problematic Features....Pages 85-119 Universal Jurisdiction in Sierra Leone: Reform of the Law....Pages 121-126 Back Matter....Pages 127-141