Nancy Kaymar Stafford (Feminism & Legal Theory Project) has posted A Model War Crimes Court: Sierra Leone (ILSA Journal of International & Comparative Law, Vol. 10, No. 117) on SSRN. Here is the abstract:
The Special Court for Sierra Leone was established on January 16, 2002, when the United Nations and the Government of Sierra Leone agreed to a hybrid structure, or joint effort, for prosecuting those most responsible for the murders, rapes, mutilations, looting and other crimes against humanity that have occurred during the civil war in Sierra Leone. The Special Court is a treaty-based court. It represents the first time that a court has been established between the UN and a local government. The previously established ad hoc tribunals, the ITCY and the ICTR, were established under Chapter VII of the UN Security Council. Since mass abuses occurred to both children and property, it was deemed appropriate to expand from the traditional tribunal crimes to include these domestic crimes. Additionally, a Truth and Reconciliation Commission was established.
After experiencing long delays and limited prosecution by the ICTY and ICTR, the international community should welcome a tribunal with a limited mandate that will be able to hand-off any outstanding indictments or evidence for indictments when its term has expired. The hybrid court will provide the accountability and the TRC will provide the reconciliation. This paper will argue that the Special Court should be the standard for future war crimes tribunals.