Friend or foe ? : on the protective reach of the law of armed conflict : a note on the SCSL Trial Chamber's judgment in the case of Prosecutor v. Sesay, Kallon and Gbao / Jann K. Kleffner
Friend or foe ? : on the protective reach of the law of armed conflict : a note on the SCSL Trial Chamber's judgment in the case of Prosecutor v. Sesay, Kallon and Gbao
Author zone:
Jann K. Kleffner
In:
Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald
Editor:
The Hague : T.M.C. Asser Press, 2013
Physical description:
p. 285-302
Languages:
English
General Note:
Bibliographie : p. 301-302
Abstract:
In its 2009 judgment in the case of Prosecutor v Sesay, Kallon and Gbao, the Special Court for Sierra Leone asserted that “the killing of a member of an armed group by another member of the same group does not constitute a war crime”. The current chapter subjects that categorical assertion to critical examination. It concludes that the reasoning of the Special Court for Sierra Leone is unconvincing and displays a misapprehension of the protective reach of the law of armed conflict.
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