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Reporter(s)

Elizabeth Santalla Vargas

RUF trial, Prosecutor v Sesay (Issa Hassan) and ors, Judgment, Case No SCSL-04-15-T, ICL 667 (SCSL 2009), 2nd March 2009, Special Court for Sierra Leone [SCSL]; Trial Chamber [SCSL]; Trial Chamber I [SCSL]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

Whether interrupted periods of violence could reach the threshold of a non-international armed conflict under Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts.

Whether members of armed groups were protected under international humanitarian law from acts of violence directed against them by their own forces and, if so, whether the killing of a member of an armed group by another member of the same group, amounted to a war crime.

Whether there was criminal liability under customary international law with respect to sexual slavery qua crimes against humanity and the war crime of attacking personnel and objects involved in a humanitarian assistance or peacekeeping mission and, if so, what the nature and scope of the latter offence was.

Whether the use of force in self-defence by peacekeeping forces amounted to direct participation in hostilities.

Whether the commission of crimes by child soldiers in the midst of an armed conflict could be regarded as active participation in hostilities.

Whether the war crime of acts of terror could be committed through outrages upon personal dignity and sexual violence.

Whether the common purpose of the joint criminal enterprise (‘JCE’) continued to exist after the retreat of the armed groups involved and, if so, until when JCE liability could be considered.

Whether an organized system set in place to achieve a common criminal purpose was encompassed ipso facto within a pleading of the basic form of JCE liability.

Whether command responsibility necessarily required effective control, under customary international law, at the time of the commission of the offence by the subordinate(s).

Whether the crime against humanity of other inhumane acts through forced marriage was cumulatively permissible with rape and sexual slavery.

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