Publication details
LEGAL BASIS FOR THE ESTABLISHMENT OF INTERNATIONAL AND HYBRID CRIMINAL COURTS AND ITS IMPACT ON ENFORCEMENT OF INTERNATIONAL CRIMINAL LAW
| Authors | |
|---|---|
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Dny práva – 2009 – Days of Law |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | International Criminal Courts and Tribunals; Hybrid Criminal Courts; Enforcement of International Criminal Law; Crimes under International Law; Immunity of a Head of State |
| Description | The aim of this paper is to illustrate how the legal basis of the court may affect enforcement of international law in the context of immunities. This paper will focus on the case of Charles Taylor before the Special Court for Sierra Leone (SCSL). Taylor was only the second Head of State in history after Slobodan Milošević, and the first African head of state to be indicted for crimes under international law at the international level. The Taylor case well illustrates collision of the two interests in contemporary international law: the growing need for international accountability for crimes under international law and a system of immunities deriving its origins, as most often claimed, from principle of sovereign equality of States. The main focus of this paper is the legal basis of the Special Court for Sierra Leone (SCSL), deeper analysis of personal and functional immunities available to Taylor will not form part of this paper. |