C.A.R.L. Essay Series

CARL Essay Series

The CDF Appeals Decision: How the ‘Reasons for Fighting’ are Relevant to Adjudicating Violations of International Humanitarian Law

Written by Cosette Creamer

Tuesday, 09 September 2008 13:44

This essay discusses the relevance of 'just cause' in prosecuting international criminal law violations. This was one of the most contentious issues in the just concluded Civil Defense Forces (CDF)Trial at the Special Court for Sierra Leone. The Defense raised fight for a 'just cause' such as restoration of democracy as defense to the crimes committed in material in establishing the elements of the crimes charged as well as mitigating factor in sentencing decision.

The essay provides a brief summary and analysis of the CDF Appeal Judgment and Justice King’s dissenting opinion, paying particular attention to how the ‘reasons for fighting’ may be separated from considerations of ‘just cause,’ their legal relevance in charges that the CDF committed crimes against humanity and their use as a mitigating factor in sentencing decisions.

Click to download the attached file

Last Updated on Monday, 19 October 2009 01:59

 

Justice Bankole Thompson's Opinion in the CDF Case: A Summary and Analysis

Written by Zoila Hinson

Tuesday, 28 August 2007 13:41

On 2 August 2007, the Special Court for Sierra Leone issued a verdict in the Civil Defence Forces trial. In a majority decision Second accused Monina Fofana and Third accused Allieu Kondewa were found guilty of four counts of murder, cruel treatment, pillage and collective punishment. Kondewa was convicted on an additional count of recruitment of children under 15. However, Justice Bankole Thompson dissented in separate and partial opinion. This essay written by Zoila Hinson summarizes Justice Bankole Thompson’s decision and also critiques the grounds of his dissenting opinion.

For detail of the summary and analysis, please down the document below.

Click to download the attached file

Last Updated on Monday, 19 October 2009 01:57

 

A View from the Gallery Part IV

Written by UC Berkeley War Crimes Center and SLCMP

Monday, 27 August 2007 22:38

A View from the Gallery: The CDF Trial at the Special Court for Sierra Leone
By UC Berkeley War Crimes Center and Sierra Leone Court Monitoring Programme

Part IV

Click to download the attached file

Last Updated on Monday, 19 October 2009 10:24

 

A View from the Gallery Part III

Written by UC Berkeley War Crimes Center and SLCMP

Monday, 27 August 2007 21:28

A View from the Gallery: The CDF Trial at the Special Court for Sierra Leone
By U.C. Berkeley War Crimes Studies Center and the Sierra Leone Court Monitoring Programme

Part III

Click to download the attached file

Last Updated on Monday, 19 October 2009 10:23

 

A View from the Gallery Part II

Written by UC Berkeley War Crimes Center and SLCMP

Monday, 27 August 2007 13:38

A View from the Gallery: The CDF Trial at the Special Court for Sierra Leone
By UC Berkeley War Crimes Center and Sierra Leone Court Monitoring Programme

Part II

Click to download the attached file

Last Updated on Wednesday, 21 October 2009 17:03

 

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