Keith 2013 Rape

Title Information


Author: Kirsten M.F. Keith

Title: Deconstructing Terrorism as a War Crime

Subtitle: The Charles Taylor Case

Journal: Journal of International Criminal Justice

Volume: 11

Issue: 4

Year: September 2013

Pages: 813-833

ISSN: 1478-1387 – Find a Library: WordCat | eISSN: 1478-1395 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Sierra Leonean History | Prosecution: Trials / Special Court for Sierra Leone, Types: Wartime Rape / Sierra Leone Civil War



Full Text


Link: Oxford Journals [Restricted Access]



Additional Information


Abstract: »For his role in the wartime atrocities in Sierra Leone, CharlesTaylor was convicted of the war crime of terrorizing the civilian population. This article critically examines the legal and factual treatment of this war crime in the Taylor Trial Judgment, drawing attention to the Judgment’s strengths and weaknesses.While the Chamber’s reasoning is shown at times to be inconsistent, particularly in addressing the central question of specific intent, this article highlights the areas of the judgment that could serve as persuasive precedent in future cases. As Taylor’s conviction for sexual violence as an underlying act of terrorism demonstrates, terrorism as a war crime has the potential to be used as an umbrella charge encompassing other crimes committed with the purpose of instilling fear in the civilian population.« [Source: Journal of International Criminal Justice]

Contents:

  1. Introduction (p. 813)
  2. Defining the Contours of Terrorism as a War Crime (p. 815)
    A. Legal Basis (p. 815)
    B. Legal Elements of Acts of Terrorism (p. 817)
    C. Disparity between Galić and Taylor Regarding the Objects of Violence (p. 819)
  3. Acts of Terrorism in the Taylor Case (p. 820)
    A. Unlawful Killings as Acts of Terror (p. 821)
    B. Sexual Violence as Acts of Terrorism (p. 822)
    C. Physical Violence as Acts of Terrorism (p. 825)
    D. Burning of Property as Acts of Terrorism (p. 826)
    E. The 'Side Effects' of Utilitarian and Military Purposes: Child Soldiers, Enslavement and Pillage (p. 828)
  4. Mens Rea – Whose Specifice Intent? (p. 830)
  5. Conclusion (p. 833)

Wikipedia: Sierra Leone Civil War, Special Court for Sierra Leone, Charles Taylor (Liberian politician), War rape


Added: October 12, 2013 | Last updated: October 12, 2013