The Special Court for Sierra Leone

The Case Against Charles Taylor

Other Cases Before the Court

The Special Court for Sierra Leone was established on the basis of a joint agreement between the Unite Nations and the Government of Sierra Leone concluded in 2002. It is charged with prosecuting those bearing the greatest responsibility for the serious atrocities perpetrated in Sierra Leone since 1996. The Court, which was given a three-year mandate, relies on voluntary contributions from states to fund its work.

Unlike the International Criminal Tribunals for former Yugoslavia and Rwanda (the ICTY and ICTR), which sit outside the area of conflict in The Hague and Arusha, Tanzania respectively, the Special Court is based within Sierra Leone itself. However, in the case of Charles Taylor, the trial is being held at The Hague, due to a change in venue request made by the President of the Special Court because of security concerns.  Also unlike the ICTY and ICTR, the Special Court is of mixed composition, with some judges and other staff being appointed by the U.N. and others by the host government. It also applies Sierra Leonean law as well as international law.  Notably, the Special Court is the first of its kind to charge and try individuals for the recruitment of child soldiers as a violation of international humanitarian law as well as “forced marriage” as a crime against humanity. 

Indictments prepared by the Prosecutor must be approved by a Judge of the Court, who may also issue warrants of arrest addressed to third states and to international bodies such as INTERPOL. Both steps were taken in the case of Charles Taylor.

The conflict in Sierra Leone that lasted from 1991 until 2002 claimed some 75,000 lives and was marked by particular brutality. Liberia has been implicated in backing the Revolutionary United Front and the Armed Forces Revolutionary Council, organized armed groups involved in Sierra Leone’s civil war. Controlling Sierra Leone’s diamond wealth was a major goal of the armed groups.

The Court was established at the request of the Government of Sierra Leone to bring to justice those who bear the greatest responsibility for atrocities carried out on its territory since November 30, 1996.  The Court became operational in 2002. The seat of the Court is Freetown, Sierra Leone’s capital city.

Why does Sierra Leone need a Special Court?

From 1991 to 2002, the people of Sierra Leone endured conflict characterized by mass killings, mutilations, sex crimes and other grave human rights violations. The nation’s history has been plagued by instability, corruption and misrule as a result of power struggles to control Sierra Leone’s rich diamond fields. During the 1990s, violence ensued between the Revolutionary United Front (RUF), lead by the Liberian sponsored warlord Foday Sankoh, and militias loyal to other factions and the Government. The evidence suggests that members of both sides have committed violations of international humanitarian law, most notably during the RUF occupation of Freetown in January 1999 when thousands of civilians were killed or suffered amputations. Despite peace efforts which concluded in the Lomé Peace Accords of July 1999, the conflict reignited in May 2000 when the RUF took 500 UN peacekeepers hostage and renewed its offensive against the Government.

How was the Special Court established?

In June 2000, Ahmad Tejan Kabbah, President of Sierra Leone, wrote to the Secretary General requesting UN assistance in establishing a Court to try those responsible for the atrocities committed during the conflict. He recognized that justice was essential to securing a lasting peace. After considering the matter, the UN Security Council reiterated that the situation in Sierra Leone constituted a threat to international peace and security and, acting under Chapter VII of the UN Charter, passed Resolution 1315 on August 14, 2000. That Resolution called on the Secretary-General to negotiate an agreement with the Government of Sierra Leone for the establishment of an independent criminal tribunal. This agreement was signed on January 16, 2002 (Click here for the original agreement: http://www.sc-sl.org/scsl-agreement.html ) and included the terms of the Statute of the Special Court as an annex. (Click here to see the Statute for the Special Court: http://www.sc-sl.org/scsl-statute.html ) In March 2002, the agreement was ratified by the Parliament of Sierra Leone.

Which crimes fall within the jurisdiction of the Special Court?

According to its Statute, the Court can prosecute “persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law.” Specifically, the crimes include crimes against humanity (Article 2), particular war crimes applicable in non-international armed conflict in violation of Article 3 common to the Geneva Conventions and Additional Protocol II (Article 3), and other serious violations of international humanitarian law relating to civilians, civilian objects and child soldiers (Article 4). In light of the nature of the conflict, and giving the Special Court’s applicable law its “mixed” or “hybrid” character, the Statute also provides for the prosecution of criminal offences under Sierra Leonean law, including particular sexual offences against girls and the wanton destruction of property (Article 5). Similarly tailored to the specifics of the conflict, and unlike most international criminal tribunals, the Court can prosecute accused persons over 15 years of age.

There are a number of important limits and qualifications to the Court’s jurisdiction. First, the Special Court does not automatically override domestic jurisdiction. Domestic courts can hear relevant case but must defer to Court’s competence if it so requests (Article 8). In this way, the Court has concurrent but primary jurisdiction. Second, while the Court has jurisdiction over the nationals of any State, it only extends to crimes committed on the territory of Sierra Leone. Third, prosecutions can only be brought in respect of acts committed “since 30 November 1996” (Article 1). This start-date, marking the ill-fated peace agreement between the Government and the RUF, has been heavily criticized, particularly outside Freetown where many of the earlier atrocities took place. Many groups had hoped jurisdiction would extend to crimes committed throughout the entire conflict so that all perpetrators could be brought to justice.

Who are the Judges?

There are eleven judges in the Special Court, three in each of the two Trial Chambers and five in the Appeals Chamber (Article 12).  Each Trial Chamber has 2 UN appointed judges and 1 judge appointed by the Government of Sierra Leone.  There are 3 UN appointed judges in the Appeals Chamber and 2 appointed by the Sierra Leonean Government. There is also an alternate judge in Trial Chamber II who is appointed by the Sierra Leonean Government.  The Presiding Judge of the Appeals chamber, Justice George Gelaga King of Sierra Leone, who is also the President of the Special Court (Article 12(3)), was reelected for an additional one-year term in May 2007.

How is the Court organized and funded?

In addition to the three Chambers, the Court consists of the Registry, the Prosecutor, and the Principal Defender. The Registry is responsible for providing judicial and administrative support, including the establishment of a Victims and Witnesses Unit (Article 16). The Prosecutor, an independent and separate organ of the Court, is responsible for the investigation and prosecution of persons suspected of committing crimes within the jurisdiction of the Court (Article 15).  The current prosecutor is Mr. Stephen J. Rapp from the United States.  The fourth pillar of the Court, the Office of the Principal Defender, became functional in early 2003 and is something new for an international judicial structure.  Most courts of this type do not have a permanent defense institution, charged with “ensuring the rights of suspects and accused.” (Rule 45 of the Special Court’s Rules of Evidence and Procedures) The Office of the Principal Defender was established to counterbalance the work of the Office of the Prosecutor.  Vincent O. Nmehielle, a lawyer from Nigeria, is the current Principal Defender.

The Special Court, unlike other international tribunals, is required to secure its own funding which has mainly occurred through direct voluntary contributions of states.  This type of fundraising was meant to avoid excessive budgets and promote efficiency.  However, fundraising activities have caused the court much difficulty due to financial insecurity and failure of donor commitment.  The United States, the Netherlands, Canada and Britain have provided approximately 80% of the voluntary contributions by states to the Special Court.  On May 15th, the Management Committee of the Court approved an $89 million completion budget for the period of July 1, 2007 through December 31, 2009.  The Court is set to conclude its activities by the end of 2009.  As it stands, the Court needs to raise about $60 million to complete its work.