420
i n t e r nat i o na l l aw
international humanitarian law
125
and certain crimes under Sierra
Leonean law.
126
Article 8 of the Statute provides that the Special Court
and the national courts of Sierra Leone have concurrent jurisdiction, but
that the Special Court has primacy over the national courts and that
at any stage of the procedure it may formally request a national court
to defer to its competence. The Annual Report of the Special Court for
2006–7 notes that thirteen persons were indicted, all between March and
September 2003. Of these, nine were in custody, one dead, one still at
large, while two indictments were withdrawn. Trials of the nine in cus-
tody began in 2004 and 2005 in three joint trials. Of particular interest is
the Charles Taylor case. He was the former President of Liberia. His claim
to immunity was rejected by the Appeals Chamber in May 2004
127
and
he is currently standing trial in The Hague at the premises of the ICC.
128
Judgment in the
AFRC
trial was handed down on 20 June 2007 and the
three accused convicted of offences. Sentencing took place on 19 July
2007 and the appeal against sentencing was dismissed on 22 February
2008.
129
On 2 August 2007, Trial Chamber I reached a decision in the
trial of three persons accused of being leaders of the so-called ‘Civil
Defence Forces’, of whom one died prior to pronouncement of judg-
ment, in which the two remaining accused were convicted.
130
The Spe-
cial Court adopted a completion strategy under which proceedings were
due to be completed in 2007.
131
However, this date was not able to be
met.
125
Articles 2–4 of the Statute.
126
Article 5 of the Statute. These crimes relate to offences relating to the abuse of girls
under the Prevention of Cruelty to Children Act 1926 and offences relating to the wanton
destruction of property under the Malicious Damages Act 1861. However, the Special
Court has no jurisdiction with regard to any person under the age of fifteen at the time
of the alleged commission of the crime. No person may be tried before a national court
of Sierra Leone for acts for which he or she has already been tried by the Special Court.
But a person who has been tried by a national court for the acts referred to in articles
2 to 4 of the Statute may be subsequently tried by the Special Court if either the act for
which he or she was tried was characterised as an ordinary crime; or the national court
proceedings were not impartial or independent, or were designed to shield the accused
from international criminal responsibility or the case was not diligently prosecuted: see
article 9.
127
See www.sc-sl.org/Documents/Taylor/SCSL-03-01-I-059.pdf.
128
See Annual Report 2006–7, p. 5.
129
See www.sc-sl.org/AFRC.html.
130
See www.sc-sl.org/documents/CDF/SCSL-04-14-T-785A.pdf. See also S. M. Meisenberg,
‘Legality of Amnesties in International Humanitarian Law – The Lom´e Decision of the
Special Court for Sierra Leone’, 86
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