By Justice Bankole Thompson
The doctrine of common jurisdiction has advanced all through sleek instances within the context of worldwide legal justice as a paramount agent of struggling with impunity emanating from foreign illegal activity. Sierra Leone, as a member of the foreign neighborhood and the United countries, has, in recent years, been a pioneer within the revolutionary software and improvement of foreign legal legislations within the African quarter. regardless of this position, the country’s profile, either by way of the incorporation and alertness of the doctrine of common jurisdiction, is poor in different significant respects falling a ways wanting its twin overseas legal responsibility to not supply secure havens from justice for perpetrators of foreign crimes and to wrestle impunity from such criminogenic acts. for this reason, a compelling reason behind the writer to jot down this booklet was once to supply a seminal scholarly paintings at the topic articulating the prevailing nation of the legislations in Sierra Leone and highlighting the deficiencies within the legislations and elements inhibiting the workout of common jurisdiction during this UN member nation. It was once additionally to suggest worthy substantive and procedural legislations reforms within the state’s jurisprudence at the subject.
The publication is suggested analyzing for practitioners and students in foreign felony legislations and comparable disciplines. Its accessibility is very improved through proper tables and summaries of every bankruptcy.
Justice Rosolu J.B. Thompson is Professor Emeritus of legal Justice reviews, japanese Kentucky collage, united states. He was once a member of and Presiding pass judgement on in Trial Chamber I of the particular court docket for Sierra Leone.
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Additional info for Universal Jurisdiction: The Sierra Leone Profile
It is settled law that a state cannot use its municipal law as a shield against liability for a breach of an international obligation. As to the status of international law in municipal law, states vary in their practices. For some states, international law obligations become legally binding on ratification of the relevant international treaty; according to the practice of other states, such obligations become legally binding only upon incorporation or adoption into the municipal law system. Sierra Leone adheres to the latter practice.
These principles, as sources of international law, are also operative within the domain of international criminal law. As regards judicial decisions, they, like general principles of law, are a subsidiary source of international law. The predominant scholarly view is that judicial decisions are immensely important as sources of international law despite the inapplicability of the doctrine of judicial precedents in international adjudication. Writings of the most highly qualified publicists as a subsidiary source of international law, like judicial decisions, have contributed significantly to the progressive development of international law.
All Superior Court judges hold office during good behaviour. They may opt for retirement at the age of 60 years, but must retire at the age of 65 years. 4 Court of Appeal The Court of Appeal is the intermediate appellate tribunal in the justice system of Sierra Leone. As a criminal court, it hears and determines appeals from decisions and orders of the High Court. Its workload is substantial. It is practically the final appellate court for most criminal appeals arising out of decisions of the High Court, both in exercise of its original jurisdiction over felony cases and its appellate powers over the decisions of magistrates’ courts.