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46 Cambrian L. Rev. 131 (2015-2016)
The Special Court for Sierra Leone: Initial Structural and Procedural Decisions on Sexual and Gender-Based Violence

handle is hein.journals/camblr46 and id is 131 raw text is: THE SPECIAL COURT FOR SIERRA LEONE: INITIAL STRUCTURAL AND PROCEDURAL DECISIONS ON SEXUAL AND GENDER-BASED VIOLENCE Valerie Oosterveld* Abstract The Special Court for Sierra Leone (SCSL) an international criminal tribunal established in 2002 and closed in 2013 leaves an important jurisprudential legacy with respect to sexual and gender-based violence (SGBV), particularly on rape, sexual slavery, and forced marriage. While one might expect this to be the case due to the widespread and systematic nature of SGBV during the Sierra Leone conflict, the other international courts at that time had not yet set a strong precedent for sustained attention to SGBV Drawing upon interviews with individuals connected with the SCSL at the beginning of its mandate, this article discusses early decisions taken at the Court that appear to have had a profound impact on the prosecution of SGB V It draws out two main lessons. First, this article describes how structural decisions were made within the Office of the Prosecutor and Registry to create and solidify a favourable environment for the investigation and prosecution of and outreach on, SGBV Second, this article examines process-focused decisions taken to enhance the SCSL's ability to address SGBV and to understand the context of SGBV within the Sierra Leone conflict. This article concludes that both types of decisions contributed to the SCSL 's legacy on SGBV Keywords: Special Court for Sierra Leone (SCSL); Sexual and Gender-Based Violence (SGBV); international criminal law Introduction The Special Court for Sierra Leone (SCSL) was created as a response to the decade- long armed conflict in Sierra Leone in the 1990s. It was established in January 2002 by agreement between the United Nations and the Government of Sierra Leone,1 and * The author wishes to express deep thanks to Fanny Leveau for her assistance in conducting background research and certain interviews referred to in this article, as well as contributing some initial drafting and footnote editing. She also wishes to thank: Corinne Dufka, Wayne Jordash, Maxine Marcus, and Louise Taylor for their comments; all of the interviewees for sharing their experiences; UN Women for its support of this research project; and the participants in the December 9, 2016, American Society of International Law International Criminal Law Interest Group Works-in-Progress Workshop for their suggestions. However, any errors are the author's own. 'Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone (2002) (SCSL Agreement).

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