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Journal of International Criminal Justice Advance Access published online on June 12, 2009
Journal of International Criminal Justice, doi:10.1093/jicj/mqp019
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Troubled Indictments at the Special Court for Sierra Leone

The Pleading of Joint Criminal Enterprise and Sex-based Crimes

Cecily Rose*

*Former Associate Legal Officer, Special Court for Sierra Leone. The views expressed in this article are solely those of the author and are not attributable to the Special Court. Many thanks to Marko Milanovic and Kate Cronin-Furman for their comments on earlier versions of this article. [cecily.rose{at}gmail.com]


  Abstract

This article argues that the indictments at the Special Court for Sierra Leone have pleaded joint criminal enterprise and sex-based crimes in ways that both threaten the rights of the accused and weaken the Prosecution's cases against them. While the Taylor Indictment neglects to outline the purpose of the joint criminal enterprise in which the accused allegedly took part, the Prosecution's recent arguments in this respect have further confused the matter. In addition, the RUF and AFRC indictments alleged forced marriage without clearly indicating what crime such conduct would violate. Although the Appeals Chamber provided guidance on the issues of joint criminal enterprise and forced marriage in its recent AFRC Appeal Judgment, its pronouncements may be of limited use or applicability to the ongoing Taylor case.


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