Abstract

Since 2007, the Office of the Registrar of the Special Court for Sierra Leone (SCSL) has been specifically tasked with identifying and addressing those continuing legal, judicial and administrative functions which do not cease on completion of judicial activities as well as the identifying the most appropriate mechanism that will be tasked with responsibility for those functions. This article highlights the process of: (1) identifying SCSL’s residual issues, including the prosecution of SCSL indictees at large; review of convictions/acquittals; defence and legal aid issues; and enforcement and supervision of sentences; (2) preparing the architecture of the residual mechanism and distinguishing between ongoing and ad hoc functions. While the ad hoc international tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) are distinct from the SCSL because SCSL was established by treaty, the issues, and challenges, the SCSL faces in relation to the administrative and political factors in determining how to ensure it remains best placed to comply with its continuing legal and administrative obligations are sufficiently similar.

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