What criteria should be adopted to decide the type of process to be used for individual cases or for types of cases?
Much discussion surrounding the Special Court in the past has centred on the issue of the prosecution of minors aged 15 to 18. The working group considered the issue and noted that the jurisdiction of the Court extends only to those who bear greatest responsibility, precluding the trial of children in most cases. According to a majority of the Working Group, most children are witnesses, perpetrators and victims at the same time. They should undergo a program of rehabilitation and reintegration and in any case would not qualify in the criteria required for prosecution by the Special Court. When investigating adults who should be brought before the Special Court, the following factors should be taken into consideration: • Effective Command and Control and command responsibility • Status of the perpetrator within the chain of command (whether the person was an initiator/planner or whether they were a “footsoldier”) • Time frame within which the events occurred It should be noted that a mi
