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Trials, Courts, and Post-Conflict Re-Building: The Special Case of Sierra Leone

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Abstract:

Trials for mass atrocities, post-conflict, may be said to serve many purposes, ranging from simple retribution to deterrence, to supporting post-conflict reconstruction and in particular the [re]institution of the rule of law. This paper will focus on the role of trials in supporting post-conflict re-construction and the rule of law, through the lens of the Special Court for Sierra Leone. I will argue that not only does the functioning of the Court retain the potential to undermine broader peacebuilding efforts, as evidenced by the proposal to move the trial of Charles Taylor to the Hague for security reasons, but that the hoped-for impact on rule of law may be illusory. Specifically, it would appear that overly high expectations have been placed upon the Court, to not merely dispense justice in the cases before it, but to engage in ?capacity-building? of the domestic Sierra Leonean justice sector. While this aim may be laudable, it is beyond the purpose and capacity of a specialized court addressing the most serious crimes in international law to provide consistent support to a national justice sector dealing with all specialties of law, ranging from torts and contracts through to traditional criminal law. Heightened expectations, I argue, can only serve to create disappointment in, and even distrust of, the Court.

Most Common Document Word Stems:

court (255), see (255), note (163), sierra (158), supra (149), leon (135), interview (111), intern (102), also (86), special (81), 2004 (81), justic (53), id (53), u.n (48), mani (45), l (41), scsl (40), govern (40), outreach (38), avail (38), case (36),

Author's Keywords:

human rights, peacebuilding, international criminal tribunals, transitional justice, disarmament, demobilization, reintegration
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Name: International Studies Association 48th Annual Convention
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MLA Citation:

Sriram, Chandra. "Trials, Courts, and Post-Conflict Re-Building: The Special Case of Sierra Leone" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p181461_index.html>

APA Citation:

Sriram, C. , 2007-02-28 "Trials, Courts, and Post-Conflict Re-Building: The Special Case of Sierra Leone" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA Online <PDF>. 2009-05-24 from http://www.allacademic.com/meta/p181461_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Trials for mass atrocities, post-conflict, may be said to serve many purposes, ranging from simple retribution to deterrence, to supporting post-conflict reconstruction and in particular the [re]institution of the rule of law. This paper will focus on the role of trials in supporting post-conflict re-construction and the rule of law, through the lens of the Special Court for Sierra Leone. I will argue that not only does the functioning of the Court retain the potential to undermine broader peacebuilding efforts, as evidenced by the proposal to move the trial of Charles Taylor to the Hague for security reasons, but that the hoped-for impact on rule of law may be illusory. Specifically, it would appear that overly high expectations have been placed upon the Court, to not merely dispense justice in the cases before it, but to engage in ?capacity-building? of the domestic Sierra Leonean justice sector. While this aim may be laudable, it is beyond the purpose and capacity of a specialized court addressing the most serious crimes in international law to provide consistent support to a national justice sector dealing with all specialties of law, ranging from torts and contracts through to traditional criminal law. Heightened expectations, I argue, can only serve to create disappointment in, and even distrust of, the Court.

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Associated Document Available International Studies Association 48th Annual Convention
Associated Document Available Political Research Online

Document Type: PDF
Page count: 40
Word count: 14344
Text sample:
TRIALS COURTS AND POST-CONFLICT REBUILDING: THE SPECIAL CASE OF SIERRA LEONE⊗ Chandra Lekha Sriram⊕ INTRODUCTION: WHAT SIZE SHOULD INTERNATIONAL JUSTICE BE? Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done weighed against concerns that weak States will be destabilized by attempts at accountability.1 While many have celebrated
that may limit its ability to operate successfully or contribute to the needs of that post-conflict country.235 Furthermore I suggested that the particular expectations placed upon the Court to provide capacity-building and a broader legacy for the country’s judiciary may be unrealistic.236 I argue that trials in mixed tribunals like those in purely domestic or international institutions are not necessarily a panacea addressing all needs of societies emerging from violence repression or war. 233 See supra note 5 and


Similar Titles:
Visible Justice: The Role of Gender at the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone

Internationalizing Post-Conflict Justice: The "Hybrid" Special Court for Sierra Leone

Painful Truth and Experimental Justice: The Special Court and Truth and Reconciliation Commission in Sierra Leone. A model for future peacebuilding in West Africa?


 
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