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Prosecutor v. Taylor (Decision on Immunity from Jurisdiction)
Published online by Cambridge University Press: 01 January 2021
Abstract
International criminal law — War crimes — Crimes against humanity — Individual criminal responsibility — Statute of the Special Court for Sierra Leone, Articles 1, 2, 3, 4 and 6
International criminal law — Indictment of incumbent Head of State — International circulation of arrest warrant — Whether sovereignty of Ghana violated by transmission of arrest warrant
State immunity — Jurisdictional immunities — Head of State — Whether incumbent Head of State immune from prosecution by Special Court for Sierra Leone — Statute of the Special Court for Sierra Leone, Article 6(2) — Whether Article 6(2) of Statute in conflict with peremptory norm of international law
International tribunals — Special Court for Sierra Leone — Legal basis for establishment of Special Court — Whether Special Court part of judicial system of Sierra Leone — Consideration of treaty establishing Special Court — Consideration of role of Security Council — Whether absence of Chapter VII powers in the Special Court bears upon characterization of Special Court
International tribunals — Special Court for Sierra Leone — Procedure — Rules of Procedure and Evidence, Rules 72 and 73 — Motion to quash indictment and set aside arrest warrant — Whether claim of immunity raises issue of jurisdiction — Consideration of rules requiring accused to submit to jurisdiction before bringing preliminary motion — Discretionary exception to application of rules where accused is incumbent Head of State — Exercise of inherent power and discretion of Appeals Chamber
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