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Justice within the Arrangement of the Special Court for Sierra Leone versus Local Perception of Justice: A Contradiction or Harmonious?

Lydia A. NkansahLLB, LLM (Bendel State University), BL (Ghana and Nigeria), PhD (Walden); Senior Lecturer, Faculty of Law, Kwame Nkrumah University of Science and Technology. This is an unpublished paper presented at the American Political Science Association Annual Conference, 2011 on ‘The Politics of Rights’ held in Seattle, Washington, from 1–4 September 2011 under the Panel on ‘The Promise, Effects and Limits of the Rule of Law under National, International and Transnational Settings’
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In their quest to hold individuals accountable for war crimes and abuses of international human rights laws, in conflict and post-conflict situations, the international community established varied forms of international tribunals/courts. The Special Court for Sierra Leone (SCSL) was one such court. The establishment of the Nuremberg and the Tokyo Tribunals in 1945 by the Allied Forces to prosecute the German and Japanese war criminals for the abuses of World War II marked the beginning of international criminal justice. Subsequent efforts by the UN to establish an international criminal tribunal to prosecute genocide and other war crimes proved futile due to the Cold War. There were no such trials after the Nuremberg and Tokyo ones until the Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1992 and the International Criminal Tribunal for Rwanda (ICTR) in 1994 in response to the atrocities which took place in those countries. In 1994, the UN revived its earlier initiatives towards a permanent mechanism for the prosecution of war crimes, culminating in the establishment of the International Criminal Court (ICC). Following the ICTY, ICTR and the ICC, the international community sought to establish an international criminal mechanism with national components.

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