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
Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald
The Hague : T.M.C. Asser Press, 2013
Bibliographie : p. 301-302
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.