The Special Court for Sierra Leone

The Case Against Charles Taylor

The Special Court for Sierra Leone is a joint endeavor of the United Nations and the Government of Sierra Leone. Unlike other international tribunals, such as the International Tribunals for the former Yugoslavia and Rwanda, the Special Court is a “mixed” tribunal comprising both international and domestic elements. The Court was established at the request of the Government of Sierra Leone to bring to justice those most responsible for atrocities carried out on its territory during the conflict which began in 1991.The Court became operational in 2003. The seat of the Court is Freetown, Sierra Leone’s capital city.

Why does Sierra Leone need a Special Court?

For over a decade, the people of Sierra Leone have 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 grave breaches 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 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.

To date, no one has been brought to justice for these crimes. War, corruption and poverty have rendered Sierra Leone’s institutions incapable of administering justice. Despite British, UN and other international efforts to rebuild a functional government, the authorities are currently unable to undertake the delicate task of holding credible trials during the politically uncertain post-war period. It is hoped that international assistance will give the process impartiality and independence from the forces involved in the conflict. However, some local participation and expertise is essential for dealing with the largely domestic conflict. Domestic involvement also offers a substantial nexus between often-unwieldy UN bureaucracies and the real needs of Sierra Leone.

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 civil war. He recognized that justice was an 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, 2025 and included the terms of the Statute of the Special Court as an annex. In March 2002, the agreement was ratified by the Parliament of Sierra Leone. In addition, the Rules of Evidence and Procedure have been adapted from those used by the International Criminal Tribunal for Rwanda and will be adopted, subject to amendment, by the Judges.

Which crimes fall within the jurisdiction of the Special Court?

According to its Statute, the Court will prosecute “persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law.” Specifically, the international crimes include crimes against humanity (Article 2), particular war crimes applicable in non-international armed conflict in violation of Article 3 common to Geneva Conventions and of 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 over-ride 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.

The relationship between the Court and the peace process has also caused controversial jurisdictional difficulties. An initial question was whether the Court should recognise the blanket amnesty given to all parties by the 1996 Lomé Agreements which were concluded by the Government of Sierra Leone under heavy international pressure. In Resolution 1315, the UN Security Council determined that immunities, including those in the Lomé Agreements, cannot bar prosecution for international crimes (Article 10). However, the Court will have to determine whether the amnesties apply to the domestic crimes (Article 5) as a matter of Sierra Leonean law (Articles 6 and 10). A second issue to be determined is the relationship between the Special Court and Sierra Leone’s Truth and Reconciliation Commission (TRC). The TRC, envisaged by the 1996 Lomé Agreement, was formally established by an Act of Parliament on February 22, 2000. The TRC was inspired by South Africa’s post-apartheid commission and will allow victims and perpetrators to tell their stories in the hope that doing so will assist the nation in moving forward. Like the Special Court, the TRC is not yet operational (due to a current lack of funds). Although the TRC is a completely separate body and has a fundamentally different mission from the Court, it is possible that the two will function in parallel. Many questions about their relationship remain unclear: Will the TRC be able to recommend that an individual be investigated by the Court? Will witnesses before the TRC have the right to remain silent if they fear their testimony may incriminate them before the Court? Will amnesties granted by the TRC, in return for an individual’s testimony, preclude prosecution before the Court?

Who are the Judges?

There will be eight judges in the Special Court, three in the Trial Chamber and five in the Appeals Chamber (Article 12). The judges have been elected, and were sworn in in Freetown on December 2, 2002. In keeping with the “mixed” nature of the Court, two of the Trial Judges are international judges (from Canada and Cameroon) having been appointed by the UN Secretary General, in consultation with Sierra Leone, from a list of nominations by UN Member States (particularly ECOWAS and Commonwealth countries). The remaining Trial Judge, an experienced judge from the domestic courts of Sierra Leone, was appointed by the Sierra Leonean Government. Similarly, three Appeal Judges have been appointed by the Secretary General and the remaining two by the Government of Sierra Leone. The judges of each Chamber shall elect a Presiding Judge to conduct the proceedings. The Presiding Judge of the Appeals Chamber shall be the President of the Special Court (Article 12(3)) and was elected on December 2, 2002.

How is the Court organized and funded?

In addition to the two Chambers, the Court will consist of the Registry and the Prosecutor. 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 person suspected of committing crimes within the jurisdiction of the Court (Article 15).

The budget for the Court has been subject to constant revision. An original agreement suggested a budget of $114.6 million over three years, which, in June 2001, was reduced to $57 million, with $16.8 million being set aside for the first year. This funding is much leaner than those of other international criminal tribunals, putting greater emphasis on efficiency and raising questions about the Court’s capacity to properly fulfill its mission. Unlike the other tribunals, which are allotted funds from the general UN budget, the Special Court is funded by voluntary contributions from Member States. So far, over $40 million has been donated by 29 states.

U.S. Law & Security | Asylum in the U.S. | Human Rights Defenders | Human Rights Issues | International Justice |
International Refugee Policy | Workers Rights | Media Room | About Us | Contribute | Jobs | Contact Us | Publications | Search | Site Map | Home