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War Crimes Memoranda

Christopher G. Kuhn

With Reference to the specific crimes that have been charged in the indictments issued by the Special Court for Sierra Leone, to what extent do the Elements of Crimes of the International Criminal Court reflect customary international law as it existed at the time material to the indictments? In other words, to what extent are the Elements of Crimes of the International Criminal Court a reliable guide as to the elements of the crimes charged by the Special Court for Sierra Leone? In cases where the Elements of Crimes of the International Court depart from pre-existing customary international law, what are the elements of crimes that should be applied?

Publication Date

2005

Document Type

Memo

Included in

Criminal Law Commons, International Law Commons

COinS