Prosecutor v Kallon (Morris) and ors, Decision on constitutionality and lack of jurisdiction, Case no SCSL-04-15-AR72(E), SCSL-04-14-AR72(E), SCSL-04-16-AR72(E), ICL 1128 (SCSL 2004), 13th March 2004, Special Court for Sierra Leone [SCSL]; Appeals Chamber [SCSL]
Whether the Special Court for Sierra Leone (‘SCSL’) was competent and had jurisdiction to entertain the question of lawfulness and validity of its establishment. If so, whether the SCSL had been legally established.
Whether the question of the legality and validity of the SCSL’s establishment was a question of constitutionality, in the sense of compatibility of the constitutive instruments with the Constitution of the Republic of Sierra Leone: 24 September 1991 (‘Constitution’). If so, whether the SCSL was competent to pronounce upon it.
Whether the primacy and concurrent jurisdiction conferred upon the SCSL in the Statute of the Special Court for Sierra Leone, comported a derogation or breach of the Constitution.
Whether the SCSL’s jurisdiction ratione materiae over core international crimes violated the principles of nullum crimen sine lege and the corollary prohibition of retroactivity, enshrined in the Constitution.