The Appeals Chamber of the Special Court for Sierra Leone will hear oral submissions from prosecution and defense lawyers in the Charles Taylor appeal on Tuesday January 22 and Wednesday January 23 2012. The hearings will commence on 10:00 AM each day.
The statement below was issued by the Public Information Section of the Court, explaining the issues that will be covered in the oral hearings, and the sequence in which the parties will address the Appeals Chamber.
1. The Parties shall be prepared to respond to oral questions posed by the Justices about issues raised in their Written Submissions; and
2. The Parties will otherwise be asked to limit their submissions to the following issues pursuant to Rule 114 of the Rules of Procedure and
(i) Whether the Trial Chamber correctly articulated the actus reus elements of aiding and abetting liability under customary international law.
The differences and similarities between aiding and abetting, instigation and ordering as forms of liability under Article 6(1) of the Statute.
Whether customary international law recognizes that certain forms of liability set forth in Article 6(1) of the Statute are more or less serious
than other forms of liability for sentencing or other purposes.
(ii) Whether the Trial Chamber’s findings meet the mens rea standard of purpose.
(iii) Whether acts of assistance not “specifically directed” to the perpetration of a crime can substantially contribute to the commission of the
crime for aiding and abetting liability. Whether the Trial Chamber’s findings meet the “specific direction” standard.
(iv) Whether acts of assistance not to the crime “as such” can substantially contribute to the commission of the crime for aiding and abetting
liability. Whether the Trial Chamber’s findings meet the “as such” standard.
(v) Whether the sources of law identified in Rule 72 bis (ii) and (iii) establish that uncorroborated hearsay cannot be relied upon as the sole
basis for specific incriminating findings of fact.
(vi) How the Appeals Chamber should apply existing jurisprudence relating to adjudicated facts under Rule 94(B) in the context of a
defence motion for the admission of adjudicated facts following the close of the prosecution case.
Subject to adjustments where appropriate, the timetable for the Appeal Hearing shall be as follows:
Tuesday 22 January 2013
Morning: Prosecutor’s submission on the stated issues
Afternoon: Taylor’s submissions on the stated issues
Wednesday 23 January 2013
Morning: Prosecutor’s Response; Taylor’s Response
Afternoon: Prosecutor’s Reply; Taylor’s Reply