By: Melissa R. Ruggiero, Esq., Legal Officer at
the Special Court for Sierra Leone in the Appeals Chamber from January, 2012 to
October 2013
What
is the legacy that courts leave behind? This is one of the questions that the
Special Court for Sierra Leone asked itself as it was facing that it would be
the first international court to complete and accomplish its mandate. There is
the obvious fact that courts leave behind such as judgments, sentences, and
jurisprudence, but what else can courts leave behind? Could that something
else be a peace museum and public archive?
Background
The
Special Court for Sierra Leone (SCSL) was established in 2002 by an Agreement
between the United Nations (UN) and the Government of Sierra Leone as the
result of a request to the UN in 2000 by the Government of Sierra Leone for a
“special court” to address serious crimes against civilians and UN peacekeepers
committed during the country’s decade-long civil war from 1991 to 2002. It is
the first international court to sit in the country where the crimes took
place. It was negotiated that the SCSL was to prosecute those who bear the
greatest responsibility for serious violations of international humanitarian
law and Sierra Leonean law committed in the territory of Sierra Leone since 30
November 1996, the date of the failed Abidjan Peace Accord, and to function in
accordance with the Statute of the SCSL.
The
SCSL Statute empowered the prosecutor to bring charges for war crimes (serious
violations of Article 3 Common to the 1949 Geneva Conventions for the
Protection of War Victims and of Additional Protocol II), crimes against
humanity, other serious violations of international humanitarian law and
specified crimes under Sierra Leonean law. The SCSL fulfilled its mandate and
closed its doors in December 2013. The Residual Special Court for Sierra Leone
was established by agreement between the Government of Sierra Leone and the UN
to oversee the legal obligations of the SCSL after its closure which includes
witness protection, supervision of prison sentences, and management of the SCSL
archives.
Legacy
of the Special Court for Sierra Leone - judgments, sentences and jurisprudence
The Special Court is leaving behind judgments,
sentences and jurisprudence. Three trials were held in Freetown of leaders of
Sierra Leone’s warring factions: The Revolutionary United Front (RUF), the
Armed Forces Revolutionary Council (AFRC), and the Civil Defence Forces (CDF).
Eight persons were convicted and sentenced to terms ranging from 15 to 52
years.
The Charles Taylor trial was the last trial. He was
the former President of Liberia who the Prosecution alleged was one of
those who bore the greatest responsibility for atrocities committed by the
rebels against civilians in Sierra Leone during the country’s civil war, and
was indicted on 11 counts of war crimes and crimes against humanity. His trial
was held in The Hague, The Netherlands, because concerns were expressed, most
notably in the UN Security Council Resolution 1688 that holding the trial in
Sierra Leone could endanger the stability of the sub-region. On April 26, 2012
the Court unanimously found Mr. Taylor guilty on all 11 counts, including rape
and sexual slavery, cruel treatment, the use of child soldiers, enslavement and
pillage and sentenced him to 50 years imprisonment. The Defense and Prosecution
appealed. On September 26, 2013 the Appeals Chamber unanimously upheld the
conviction of Mr. Taylor on the 11 counts, and affirmed the 50 years sentence
imposed by the Trial Chamber. Notably, the SCSL was the first international
court since Nuremberg, to indict, try and convict a former head of state.
The Special Court was also the first to enter
convictions for the use of child soldiers, for forced marriage as a crime
against humanity, and for attacks against UN peacekeepers. It made historic
contributions to the understanding of the impact of armed conflicts on women
and girls and reflected that understanding in its jurisprudence and in the
treatment of survivors as participants in post-conflict justice.
Another achievement by the SCSL was it was the first to
use aggressive Outreach to inform people on the progress of the trials, to
explain the legal process, and to assist in restoring the rule of law.
According to an independent survey funded by the European Union and conducted
in Sierra Leone and Liberia, 79.16% of all those surveyed believe that the
Court has accomplished its mandate.[1] In addition, 91% of
those surveyed in Sierra Leone believe that the Special Court has contributed
to bringing peace in their country.[2]