Africa

[Marina Aksenova is a Researcher/PhD Candidate in complicity issues in international criminal law at the European University Institute.] The Special Court for Sierra Leone recently convicted Charles Taylor to 50 years of imprisonment. This pronouncement stirred public debate as to whether this sentence is acceptable. Kevin Jon Heller, for example, expressed his concern about the length of Taylor’s sentence, mainly because it resonates with the Trial Chamber finding that Taylor is a mere accomplice, rather than a primary perpetrator of the crimes committed during the Sierra Leonean civil war. Arguably, 50 years of imprisonment is a disproportionately lengthy sentence for this type of criminal participation. This conclusion, in turn, leads to a more general question as to whether there was sufficient evidence before the court to find Taylor responsible as a perpetrator in the joint criminal enterprise – a mode of liability that usually justifies heavier sentences. It appears that the judges of the SCSL placed Taylor “in a class of his own” when deciding upon his punishment. His leadership role as the former president of Liberia, and not the particular way in which he got involved in the crimes, appears to have played the central role at sentencing. More detailed analysis will have to wait until the sentencing judgment is released, some initial thoughts could be outlined here. I would like to defend the length of the sentence imposed on Taylor and the mode of criminal participation under which he stands convicted. I am not trying to assess the evidence presented in the proceedings and the appropriateness of Chamber’s findings on the merits. Rather, my goal is to support the hypothesis that complicity, as a mode of liability, is compatible with a relatively heavy punishment given to Taylor. I agree with the Trial Chamber’s decision to assign relatively little weight to Taylor’s form of participation, mainly because it is just one of the factors to be considered at sentencing, and not the definitive one. This is especially true in the absence of the sentencing regime in international criminal law, which would require the judges to follow guidelines or certain rules at sentencing or give reasons for the departure, as it is the case, for example, in England and Wales. In fact, most national jurisdictions follow the principle nulla poena sine lege by stipulating sentencing tariffs in the statutes or formal sentencing guidelines. Usually, these provisions explain the relative importance (if any) to be attributed to the mode of participation of the convicted person.

So reports The Guardian: Liberia's former president, Charles Taylor, has been sentenced to 50 years in jail for being "in a class of his own" when committing war crimes during the long-running civil war in neighbouring Sierra Leone. Judges at a UN-backed tribunal in The Hague said his leadership role and exploitation of the conflict to extract so-called "blood diamonds" meant he...

Evelyne Schmid, a lecturer in law at Bangor University in Wales, has taken it upon herself to convert the 2,499 page non-searchable PDF into a searchable (but, alas, still 2,499 pages) text file. She has made the file available here. We all owe her our thanks! ...

So reports ABC News (and multiple other news outlets): The man who ran Libya's extensive spy network and was considered one of the closest confidants of ex-leader Moammar Gadhafi was indicted in Mauritania on Monday and transferred to a public jail, according to a justice official. Abdullah al-Senoussi, Libya's former head of intelligence, is wanted by the International Criminal Court, as well...

Earlier today, Russia called on the ICC to investigate possible war crimes committed by NATO forces during its bombing campaign in Libya: The International Criminal Court should look into all cases of NATO airstrikes in Libya that resulted in civilian deaths, the Russian Foreign Ministry said. "We welcome the decision of ICC Prosecutor Luis Moreno-Ocampo to consider alleged violations of international humanitarian...

Like thousands of other high school kids, today is AP Comparative Government exam day in the Alford household. According to the AP College Board, "The course aims to illustrate the rich diversity of political life, to show available institutional alternatives, to explain differences in processes and policy outcomes, and to communicate to students the importance of global political and economic changes." But in order to move the discussion from the abstract to the concrete, AP Comp. Gov. students are required to study six--and only six--representative countries. Can you guess the six countries chosen as suitable for comparison? And could you answer the short- or long-essay questions these high school whiz kids are required to answer? Details after the jump:

So reports Mark Kersten in a blockbuster post at Justice in Conflict.  You have to read the whole thing; here is a taste: While haggling between the ICC and Libya’s National Transitional Council (NTC) over the fate of Saif al-Islam Gaddafi and Abdullah al-Senussi continues, Libya quietly, but controversially, passed a blanket amnesty for pro-Revolution rebels. According to Lawyers for Justice in...

At International Criminal Law Bureau, Kirsty Sutherland calls attention to a surprise moment during the Taylor verdict that has received, to the best of my knowledge, absolutely no attention from the media: In an unexpected turn of events, as Justice Lussick (Presiding), Justice Doherty and Justice Sebutinde rose to leave the courtroom after delivering the verdict, Justice Sow addressed the Court:  “The...

In my previous post, I discussed the Registry's report of its visit with Saif Gaddafi in Libya, which was posted on the ICC website and then removed without explanation a few hours later.  It has come to my attention that the Office of Public Counsel for the Defence (OPCD) also prepared a report of that visit -- and that the...