初探塞拉里昂特别法庭

塞拉里昂特别法庭是进入21世纪以来,联合国主导创立的国际化刑事法庭之一。通过介绍其创立及创立依据的法律文件、其机构及其管辖权,总结出塞拉里昂特别法庭的特点,指出其兼备了国际特设刑事审判机构和国际化刑事法庭的优点。     

Governmental corruption in Africa: Sierra Leone as a case study

This paper examines the definition and context of official corruption in the emerging African nation of Sierra Leone. Historical, legal and sociological studies of the development of Sierra Leone and corruption within that nation are reviewed, as well as the content of official ljudicial inquiries into administrative corruption. These investigations and studies are supplemented with data from the primary author's experiences as a prosecutor and judge in Sierra Leone. Predisposing factors which facilitate corruption are identified and a variety of policies aimed at reform are discussed. This revised version was published online in August 2006 with corrections to the Cover Date.     

Amnesties in International Law: The Experience of the Special Court for Sierra Leone

The Special Court for Sierra Leone, a hybrid criminal tribunalestablished to try persons accused of serious crimes duringthe conflict in Sierra Leone, has recently commenced its judicialoperations. Several of the preliminary issues raised by variousdefendants have required the Court to examine the validity ofthe amnesty granted to combatants by the Lomé Peace Agreementand the amnesty's impact upon the Court's jurisdiction to trythe defendants. This article examines the decisions of the Courton the amnesty issue and evaluates the jurisprudence of theCourt with reference to the current status of amnesties in internationallaw.     

United Nations peace process as a peacemaking and human rights exercise. Lessons from conflict resolution in Sierra Leone

The United Nations peace process in Sierra Leone is one of the most successful initiatives in conflict resolution in the history of the UN. The peace building process has led to sustainable peace in a country located in a highly conflict ridden region in the world. This paper analyzes the peacemaking process to understand the process and its underlying unique features. Placing the events in the context of peacemaking criminology and human rights, it is argued that the UN peacemaking greatly reflects the values advocated by peacemaking criminology, while the goals of the process reflect universal human rights, recognized and promoted by the United Nations Declaration of Human Rights (UDHR).     

Variations in traditional marriage and family forms: Responses to the changing pattern of family-based social security systems in Sierra Leone and Kenya

A multitude of family forms can be found in African societies, and the functions we associate with the European term “family” do not necessarily belong to any specific form. The variety in the formation of different residence, consumption, and production units becomes obvious through the analysis of the social structure of individual b peoples, as well as through inter-ethnic comparisons. This article focuses on the differences between various types of social organization of an East- and a West-African people, and analyzes the complexities of and changes in family structures in the relevant socio-political and economic contexts. It also looks at the impact of the introduction of public administration and the commercialization of agriculture on social dynamics and family forms.     

Transitional Justice in Transit: Why Transferring a Special Court for Sierra Leone Trial to the Hague Defeats the Purposes of Hybrid Tribunals

Netherlands International Law Review -     

Work, the Right to Work, and Durable Solutions: A Study on Sierra Leonean Refugees in The Gambia

It is rare indeed that the forced movement of people will nothave an economic dimension. Economic issues related to the movementof people have generally been viewed as beyond the scope ofthe debate on the international status and protection of refugees.Instead, ‘economics’ and ‘refugees’when heard together, or even in loose association, have evokedthe pejorative images of those who move to seek a ‘betterlife’. While recognising on the one hand the inevitabilityof economic dimensions to refugee movements, many advocatesfor refugees have traditionally taken great care in their policyand advocacy work to downplay the economic element of the complexmatrix of motivations that lead refugees and other forced migrantsto move. This paper takes a different approach. It promotesthe right to work, a social and economic right, as integralto protection and to all durable solutions. It explores itsrelevance, and indeed its significance, as a matter of law,policy and practice to the lives of refugees and those responsiblefor their protection, including their hosts. After all, ‘[d]espitethe statistical existence of unemployment in every country inthe world, work continues to be "an essential part of the humancondition"’. In addition, the paper examines the importanceof a rights-based analysis of work in understanding its relevancein the field both of international and national protection.In doing so, it explores the connections between work and theright to work and the three durable solutions. It acknowledgesthat social and economic conditions and inequities are oftenamongst the root causes of conflict which then lead to the failureof national protection and precipitate flight.     

流浪乞讨与管制--从贫困救助看中央与地方权限的界定

随着《收容遣送办法》的废止,个人自由权利与社会治安秩序之间的现实冲突比过去更为突显。应转变中央和地方关系的传统思维,在允许地方更多自主权和选择权的同时,更充分地保障公民个人的宪法基本权利。无论是中央和地方关系的法律界定,还是公民权利的宪法保障,都要求建立独立的司法机构以审查地方立法的有效性。     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.