Culture under cross-examination : international justice and the special court for Sierra Leone / Tim Kelsall.

Format:

Book

Author/Creator:

Kelsall, Tim, 1970-

Series:

Cambridge studies in law and society

Language:

English

Subjects (All):

Special Court for Sierra Leone.

International criminal courts--Netherlands.

International criminal courts.

International criminal courts--Sierra Leone.

War crime trials--Social aspects--Sierra Leone.

War crime trials.

War crime trials--Social aspects--Netherlands.

War crime trials--Social aspects.

Netherlands.

Sierra Leone.

Physical Description:

xiv, 298 pages : illustrations ; 24 cm.

Place of Publication:

Cambridge, UK ; New York : Cambridge University Press, 2009.

Summary:

"The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach"--Provided by publisher.

Contents:

1 White man’s justice? Sierra Leone and the expanding project of international law 1

An expanding project 3

International justice and the politics of culture 8

Studying culture in international trials 17

A history of the conflict and overview of this book 25

2 The story of the CDF trial 36

The prosecution case 38

The defence case 48

Closing arguments 56

The death of the first accused 59

Judgment and appeal 60

Conclusions 69

3 An unconventional army: chains of command in a patrimonial society 71

Superior responsibility in international law 72

Authority and society in Sierra Leone 74

Superior responsibility in the CDF trial 80

Judgment and conclusions 95

4 Facts, metaphysics and mysticism: magical powers and the law 105

Magic and the occult in Sierra Leone 105

Magic and the law in colonial and post-colonial Africa 113

Magic and the occult in the CDF trial 121

Judgment and conclusions 140

5 We cannot accept any cultural consideration: the child soldiers charge 146

Pre-trial proceedings 147

Conceptions of childhood in southern Sierra Leone 151

Childhood and community in international law 155

Child soldiers in the CDF trial 159

Judgment and conclusions 168

6 ’He’s not very forthright’: finding the facts in a culture of secrecy 171

Secrecy and ambiguity in Sierra Leone 171

Problems with evidence at the CDF trial 180

Conclusions 223

7 Cultural issues in the RUF, AFRC and Charles Taylor trials 225

Superior responsibility 227

Child soldiers 229

Witness credibility 231

Forced marriage 243

Conclusions 254

8 Conclusion: from legal imperialism to dialogics 256

Practical reforms 257

Normative issues 258

Epistemological quandaries 260

Pluralistic accountability for post-conflict societies 263.

Notes:

Includes bibliographical references and index.

ISBN:

9780521767781

0521767784

OCLC:

319494966

Online:

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