The Case Against Charles Taylor

August 2007

Charles Taylor is the former President of Liberia having served from 1997-2003.  On March 7, 2003, Charles Taylor was indicted on 17 counts of war crimes, crimes against humanity, and other violations of international humanitarian law.  He was charged on the premise of his alleged support of the Revolutionary United Front (RUF), a Sierra Leonean rebel group as well as his alleged ties to the Armed Forces Revolutionary Council (AFRC).  The indictment was amended in March 2006 to 11 counts. These include acts of terrorism, unlawful killings, sexual violence, physical violence, use of child soldiers, abductions and forced labor, and looting.  (Click here to view the amended indictment)   He sought exile in Nigeria in 2003 and remained there until the newly-elected Liberian President, Ellen Johnson-Sirleaf, requested his extradition.  At that time, Taylor disappeared but was soon arrested in Gamboru, along the Nigeria-Cameroon border and ordered by the Nigerian government to be returned to Liberia.  This was carried out because of a 2005 UN Security Council Resolution (Res. 1638) which added the arrest and transfer of Charles Taylor to the Special Court as part of the mandate of the UN Mission in Liberia (UNMIL).   On March 29, 2006, Charles Taylor was taken into custody by the Special Court for Sierra Leone.  He was transferred to The Hague on June 20th, 2006, by order for a change of venue by the president of the Special Court, due to concerns of political instability in the region of West Africa. 

The trial of Prosecutor v. Charles Taylor officially opened on June 4, 2007, marking the first time an African head of state faces trial before an international court on charges of war crimes and crimes against humanity.  The trial is expected to last approximately 18 months with a judgment anticipated in June 2009. 

The trial opened with Taylor’s boycott of the proceedings.  He claimed that he would not receive a fair trial on account of insufficient time and inadequate facilities. According to Rule 60 of the Court’s Rules of Procedures and Evidence, Taylor can waive his right to attend the trial.  The trial can continue in his absence since he previously appeared for a pre-trial conference earlier this year.  Taylor also fired his lawyer, Karim Khan, who in turn, walked out of court, despite threats by the Judge to hold him in contempt. Presiding Judge Julia Sebutinde asked Charles Jalloh from the Public Defender’s Office to represent Taylor for the remainder of the opening day (Rule 60(B)).  The trial was later postponed until August 20, 2007 to give a new defense more time to prepare.  The OTP expects to call upon an estimated 139 witnesses to testify against Taylor.

Background on the Sierra Leone war crimes tribunal

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.