A comparison between the challenges faced by rebel groups at the international criminal court and special court for Sierra Leone and the effects of the desire for accountability on their fair trial guarantees

LL.M. (International Law)Abstract: Rebel group violence and armed conflict is one of the most pressing issues of our time. These drawn-out rebellions often render the conflicts intractable and complex where the consequences are devastating. International courts are faced with more cases involving rebel groups where these rebel groups commit heinous crimes and are often indicted for major war crimes, crimes against humanity and genocide. The question arises whether their indictments are fair and accord with international requirements or whether these international tribunals desire for accountability often infringe on their fair trial guarantees. International courts are mandated to grant justice to victims. The notion for accountability at the ICC and the idea that no one may commit heinous crimes with impunity together with the mandate of the SCSL to prosecute those who “bear the greatest responsibility” has significant implications on the accused rights to a fair trial. The recharacterisation of charges at the ICC and the Joint Criminal Enterprise at the Special Court are just a few of the elements used by these international tribunals in pursuit of holding rebel groups accountable. The effect of the notion for accountability coupled with the courts mandate has drastic impacts on the accused fair trial guarantees