'When We Wanted to Talk About Rape': Silencing Sexual Violence at the Special Court for Sierra Leone

This article explores the legal and psychological ramificationsarising from the exclusion of evidence of sexual violence duringthe Civil Defence Forces (CDF) case at the Special Court forSierra Leone. Using empirical findings from post-trial interviewsconducted with the ten victim-witnesses who were originallyto testify, we juxtapose what the Special Court allowed thewomen to say, and what the women themselves wanted to say. Froma legal perspective, we then critique the Trial Chamber's reasonsfor excluding the evidence and question the legal bases uponwhich the women were silenced, arguing that wider and widercircles of the women's experience were removed from the Court'srecords despite there being ample authority at an internationallevel to support inclusion. We further look at the genderedbiases in international criminal law and how expedience andefficiency usurped the significance of prosecuting crimes ofsexual violence in this instance. From a psychological perspective,we discuss the consequences that the act of silencing had forthe witnesses, and argue that a more emotionally sensitive understandingof the Court's notion of ‘protection’ is required.     

Providing justice and reconciliation: The criminal tribunals for Sierra Leone and Cambodia

The Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers for Cambodia (ECC) represent a departure from the model established by the International Criminal Tribunal for the former Yygoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The SCSL and the ECC have often been referred to as “mixed” or “hybrid” tribunals in which there are significant domestic and international components. The tribunals include a combination of domestic and international judges, utilize domestic and international laws and are administered by a prosecutorial team composed of domestic and international lawyers. Many of these institutional changes have been brought about because of criticisms of the ICTY and the ICTR. The fundamental question of this article is whether these mixed tribunals are a more effective mechanism for providing justice and reconciliation than purely international solutions. This is an important question because both the international community and states are moving in the direction of mixed tribunals.     

警察法庭作证之证明责任问题研究

警察法庭作证问题法律上并未禁止,产生理解和研究障碍的原因不在于回避条件,而在于证据形式的封闭性和对警察作证的身份分析的不到位.只有解决警察作证的身份问题,特别是深入分析警察证人在证明主体的身份下所具有的证明责任问题,才能确立警察作证行为的法律属性,进而为设计完善的警察作证制度打下坚实的理论基础.     

The United Nations International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone, William A. Schabas

The United Nations International Criminal Tribunals: The FormerYugoslavia, Rwanda and Sierra Leone is the first book entirelydevoted to these three United Nations jurisdictions, providinga comprehensive account of their respective mandates and ofthe main characteristics of their work. The author, William A. Schabas, Director of the Irish Centrefor Human Rights in Galway and former Commissioner     

Memory Frictions: Localizing the Truth and Reconciliation Commission in Sierra Leone

This paper concerns the frictions of engagement when transitionaljustice mechanisms are implemented in local contexts. My focusis the practice of truth-telling as part of a global paradigmof redemptive memory. I first trace the genealogy of this paradigm,examining how it came to appear ‘natural’ and ‘universal.’Second, I explore struggles over memory that ensued when SierraLeone's Truth and Reconciliation Commission (TRC) assertivelypromoted this paradigm in a region in which alternative memorytechniques reflected popular priorities in an unstable contextof ‘no peace, no war.’ These struggles were rootednot only in the contested content of memories, but also in aperceived incommensurability between contrasting memory projectsbelieved to have divergent implications for processes of reconstruction.Finally, I examine the significance of reparations both forlocal practices of post-war memory and for the local effectivenessof the TRC.     

Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence

¹Despite the proliferation of trauma and memory research inrecent years, we know very little about the contribution oftransitional justice mechanisms to psychological healing andsocietal reconciliation in the aftermath of genocide, armedconflict and politicized violence. Many scholars in this areahave argued that the disclosure of traumatic experiences isbeneficial to the psychological recovery process for survivorsof gross human rights violations. This article critically examinesthis therapeutic assumption within a transitional justice paradigm.The article explores the potentials and limitations of internationalwar crimes trials for victims of wartime sexual violence, focusingspecifically on the International Criminal Tribunal for theformer Yugoslavia (ICTY). The article provides a theoreticalframework for analyzing the significance of testimony at internationalwar crimes trials and raises some critical questions relatedto the psychological impact of trials. It is argued that dueto the sheer diversity and heterogeneity of wartime rape victims,the experience of giving testimony is likely to be mixed: whilesome victims may suffer under the constraints of legal process,under the right circumstances, war crimes trials may help othersto make sense of their suffering.     

Decentralization as a Post‐Conflict Stabilization Tool: The Case of Sierra Leone

Sierra Leone's experience with decentralization as a post‐conflict stabilization tool highlights both the value of making and keeping a promise to empower citizens through local government and the importance of fully implementing that promise over a longer time horizon. The emergence of the country from civil conflict into peace and stability is one of the greatest success stories of post‐conflict stabilization. Although the nation has enjoyed over a decade of peace (and peaceful transitions from party to party), many of the conditions that laid the groundwork for conflict remain, especially in rural areas, due to the partial implementation of the decentralization framework. Based on a post‐conflict perspective, we review the re‐emergence of local governments in Sierra Leone following the civil war, the institutional and legal framework within which they exist, and some of the remaining challenges the nation faces. Copyright © 2016 John Wiley & Sons, Ltd.     

Economic Reform and the Strange Case of "Liberalization" in Sierra Leone

The International Monetary Fund imposes policy conditions upon Sierra Leone in exchange for loans. The country's president, however, shapes these policies into tools for his domestic struggle to control strongmen-politicians active in the informal (black) market. The president seeks political gain by manipulating creditor demands that he promote foreign in-vestment. This internal dynamic of "reform" does not accomplish creditors' public aims of supporting stronger state institutions. But creditors acquiesce in some of the president's manipulations of reforms when they generate arrears payments. Ironically, Sierra Leone's president proves able to translate creditor and foreign investor demands into political resources in his effort to bolster his extremely weak political authority.     

Practicing Normality: An Examination of Unrecognizable Transitional Justice Mechanisms in Post-Conflict Sierra Leone

ABSTRACT

Transitional justice and peacebuilding mechanisms have a tendency to reflect the extraordinary nature of conflict. These recognizable mechanisms—official bodies and institutions with preconceived goals and processes—are often inaccessible and undesired. In fact, what is often desired in post-conflict societies is the ordinary: a transition to a ‘new normal’. This article explores the various ways in which Sierra Leoneans practice normality in the post-conflict era. This is done through economic restoration, agricultural activities and religious engagement. Ultimately, these mechanisms are often seen as a more legitimate and meaningful way for many ordinary Sierra Leoneans to move past their war-related experiences and find some sense of peace and justice.     

The political economy of an African public enterprise: A longitudinal case study of the administrative and economic operations of the Sierra Leone Port Organization

In most of the post-colonial states of sub-Saharan Africa, both the size of the state bureaucracy has grown and its functions proliferated. Whatever the economic rationale of public sector organizations, they do not exist and operate in a social and political vacuum. This paper argues that they are typically an integral part of a patron clientelist political and economic system on which the foundations of government sometimes depend. The consequences for the economic performance of public sector organizations arising out of this socio-political context is now widely recognized in the growing literature on African public enterprise. Contributions to this discussion, however, have tended to be dominated by economists and public administration specialists who have generally adopted a technocratic problem solution approach. In isolating their analyses of the performance of African parastatals from an appraisal of the role of the state, this approach fails to situate adequately the problem of performance in its proper context. This paper provides a case study which examines the administrative and economic operations of the Sierra Leone Port Organization in the colonial and post-colonial states. In arguing that problems of performance of African public sector organizations also require political solutions this discussion extends the discussion beyond a technocratic focus.     

The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Recent efforts to develop and implement progressive models oftransitional justice have been significantly influenced by majordevelopments in the law concerning sexual violence in armedconflict. In particular, the International Criminal Tribunalfor the former Yugoslavia has pioneered accountability for sexualviolence against women in armed conflict. This article takesthe ICTY as a case study of how gender can structure the accountabilitymechanisms of transitional justice. The article analyses howlegal norms and practices instantiate and reiterate, ratherthan transform, existing hierarchical gender relations. It considersthe existing models of sexual violence as a criminal harm underinternational law, and then examines gendered patterns of legalpractice in ICTY prosecutions. To address this engendering oftransitional justice, the article produces a new model of theharm of sexual violence in conflict, suggests the developmentof a new international offence of sexual violence and generatesdifferent strategies for international prosecutions of sexualviolence.     

The Use of Statebuilding Research in Fragile Contexts: Evidence from British Policymaking in Afghanistan,Nepal and Sierra Leone

Statebuilding has risen to the forefront of international donor policies toward the security and development of fragile states, with governments now investing millions in statebuilding research every year. However, no serious study has examined the ways in which research influences policy in fragile states. Based on in-depth interviews with officials and researchers, this article begins to shed light on the central dynamics pertaining to research use in such contexts by exploring in some detail the experience of British in-country policymakers in three countries—Afghanistan, Nepal and Sierra Leone. The picture that emerges is a mixed one, with evidence of extensive use of different forms of research combined with worrying practices and lingering deficiencies in some key areas.     

Local Evaluations of Justice through Truth Telling in Sierra Leone: Postwar Needs and Transitional Justice

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a town in Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases.     

The Thief of History - Cambodia and the Special Court

After a personal account of life in Democratic Kampuchea, theauthor describes the events leading to the upcoming Khmer RougeTribunal. The emphasis is on the positions of the internationalcommunity (primarily the United Nations), the Royal Governmentof Cambodia, and the Cambodian people.     

UNSC Resolution 1325 national action plans in Liberia and Sierra Leone: An analysis of gendered power relations in hybrid peacebuilding

This paper considers how the use of ‘hybridity’ in the peacebuilding literature overlooks the gendered dimensions of hybrid interactions. It does so by examining the United Nations Security Council (UNSC) Resolution 1325 national action plans (NAPs) for Liberia and Sierra Leone. By asking the gendered questions of ‘who participates?’ and ‘how do they participate?’ it draws from Mac Ginty’s conception of hybridity and traces the compliance and incentivizing power in hybridized peace, as well as the ability of local actors to resist and provide alternatives. However, Mac Ginty’s model is found to be inadequate because of its inattention to the gendered nature of power. It is found that with a gendered approach to hybridity, it is easier to trace the processes of hybridization of NAPs in post-conflict states where their implementation is limited. In asking the questions of ‘who’ and ‘how’, three conclusions about the gendered nature of hybrid peacebuilding are drawn: international intervention relies upon the ‘feminization’ of local actors; issues framed within the realm of the ‘masculine’ are more likely to get attention; and the Resolution 1325 agenda in post-conflict states can be subverted by framing it as a ‘soft’ issue.