Experiences and lessons from "hybrid" tribunals

The Panel has followed the jurisprudence of the ICTY/R, by taking into account the unlawful purpose pursued by the accused and thus indirectly limited the scope of application of section 5. In requiring the added element of a purpose for the crime of torture, the Special Panel crossed the distinctive line drawn by the legislator between these sections of the Regulation and took into consideration [...] While the Special Court is not subordinated to the ad hoc tribunals, it is to be guided by the decisions of the Appeal Chambers of the ICTY and ICTR.42 The Prosecutor is appointed by the Secretary General and is independent of both the Government of Sierra Leone and the UN. [...] The Special Court in the case of the Prosecutor v Norman, had to determine for the first time whether the recruitment and use of children in hostilities, as defined in Article 4(c) of the Statute was part of customary international law at the relevant time in the 41 Article 8 of the Statute. [...] In all trials of persons below the age of 18 years, the Court is essentially required by article 7 of the Statute to be guided by the need for promoting rehabilitation and reintegration of the young offender into the society and to act in accordance with international human rights standards in particular to the rights of the child. [...] The Agreement only provides for the terms of the assistance and cooperation of the UN in the operation of the tribunal.