The Special Court for Sierra Leone and the Immunity of Taylor: The Arrest Warrant Case Continued

Abstract

In its Taylor decision the Special Court for Sierra Leone denied immunity ratione personae to the, at the time of the indictment, President of Liberia. This article first analyzes the legal reasoning of that decision. The Court's finding that it is an international court is approved; the consequence it attaches to that finding is criticized. The decision is then presented as an illustration of the negative consequences of relying upon controversial elements of the ICJ's Arrest Warrant case. It is suggested that instead of the distinction between national and international courts, the difference between criminal responsibility and procedural immunity could have been the basis for the reasoning of the ICJ and Special Court.