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  • The International Law Commission's Seventy-Fifth (2024) Session: Immunity of State Officials from Foreign Criminal Jurisdiction and Other Topics

  • Charles Chernor Jalloh
  • Journal:
    American Journal of International Law / Volume 119 / Issue 1 / January 2025
    Published online by Cambridge University Press:
    10 February 2025, pp. 107-128
    Print publication:
    January 2025

  • The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity crisis facing the United Nations. Following the resignation of two of its members, one upon his election to the International Court of Justice (ICJ) and the other for personal reasons, the Commission elected two new members from Romania and China to fill the casual vacancies that arose as a result.

  • The International Law Commission's Seventy-Fourth (2023) Session: General Principles of Law and Other Topics

  • Charles Chernor Jalloh
  • Journal:
    American Journal of International Law / Volume 118 / Issue 1 / January 2024
    Published online by Cambridge University Press:
    03 November 2023, pp. 120-144
    Print publication:
    January 2024
    • Article
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  • The International Law Commission (ILC or Commission) held its seventy-fourth session at its seat in Switzerland from April 24 to June 2 and from July 3 to August 4, 2023, and met fully in person for the first time since the COVID-19 global health pandemic. The Commission, which has had a gender imbalance in its composition, was chaired for the first time by two successive female chairs: Nilüfer Oral (Türkiye) for the first half session; followed by Patrícia Galvão Teles (Portugal) for the second half session.

  • 16 - Charles Taylor

  • from PART IV - TRIALS
  • Edited by William A. Schabas, Middlesex University, London
  • Book:
    The Cambridge Companion to International Criminal Law
    Published online:
    05 December 2015
    Print publication:
    07 January 2016, pp 312-332

  • Summary

    The trial of the former president of Liberia, Charles Ghankay Taylor, by the United Nations-backed Special Court for Sierra Leone, was remarkable for several reasons. First, it was the only case before the Court involving a non-Sierra Leonean. Taylor is from neighbouring Liberia, where he is alleged to be responsible for crimes even worse than those committed during Sierra Leone's civil war. But Taylor, like all the other rebel leaders from his native country, has never been prosecuted for crimes committed in Liberia because the parties to that conflict effectively granted themselves amnesty. Rather, he was implicated by the Special Court for supporting Foday Sankoh, the leader of a rebel army called the Revolutionary United Front, to foment a war in Sierra Leone in which numerous atrocity crimes were committed. Sankoh and Taylor made ‘common cause’ to help each other take over their respective countries for personal and political gain.

    Second, as a criminal trial, the case against Taylor was inevitably complicated. He reportedly never set foot in Sierra Leone during the time the offences for which he was charged were perpetrated. This meant that the prosecution's appropriate burden to prove the case beyond a reasonable doubt, when compared to the other cases before the Court, was going to be doubly difficult. Indeed, for most of the pre-trial and trial phases, the success of the case against Taylor appeared to hinge primarily on two expansive and controversial modes of criminal liability in international criminal law – joint criminal enterprise and command responsibility – neither of which requires the suspect to directly commit the acts in question. The task for the Court's prosecutors was how, using those two and other indirect theories of criminal participation such as instigating or ordering, they could link Taylor in Liberia to the offences carried out by the Revolutionary United Front and its collaborators in Sierra Leone. Interestingly, although it managed to secure Taylor's conviction for planning and aiding and abetting crimes in Sierra Leone, the prosecution failed to prove joint criminal enterprise and command responsibility.

    Aside from Taylor, those persons tried by the Special Court were leaders of rebel, militia, or other organisations. Those convicted in the cases involving the Revolutionary United Front, the Civil Defence Forces, and the Armed Forces Revolutionary Council were part of the command structure of those entities.

  • Prosecutor v. Ruto.

  • Charles Chernor Jalloh
  • Journal:
    American Journal of International Law / Volume 109 / Issue 3 / July 2015
    Published online by Cambridge University Press:
    20 January 2017, pp. 610-616
    Print publication:
    July 2015

  • On October 9, 2014, the Appeals Chamber of the International Criminal Court (ICC or Court) unanimously held that, under the ICC Statute, a trial chamber has the power to order witnesses to appear before it to give testimony in pending proceedings, which imposes legal obligations on the individuals concerned to comply. In so ruling, the appellate chamber upheld a controversial trial chamber decision granting the ICC prosecutor’s request to summon eight witnesses to testify in the joint trial of Kenya’s vice president, William Samoei Ruto, and former journalist Joshua arap Sang, both of whom faced charges of crimes against humanity for their alleged role in “post-election violence” that led to the deaths of over twelve hundred people (para. 9).

The Sierra Leone Special Court and its Legacy
  • The Impact for Africa and International Criminal Law
  • Edited by Charles Chernor Jalloh
  • Published online:
    05 January 2014
    Print publication:
    16 December 2013
  • The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

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