What should Nigeria do with Charles Taylor?

December 2003

As former Liberian President Charles Taylor sits in exile in Nigeria, there are increasing indications that he is on borrowed time. On June 4, 2003, the Prosecutor of a war crimes tribunal in Sierra Leone (the Special Court for Sierra Leone) announced that the tribunal had issued an indictment against Taylor. As transition takes place in Liberia itself, emerging evidence of serious violations occurring before and during his presidency is likely to lead to moves to call Taylor to account there. In November, Nigerian President Olusegun Obasanjo reportedly said he would “persuade” Taylor to return to face trial at home if Liberia asked to prosecute him.

Nigeria’s options are governed by international law, including fundamental human rights guarantees and the obligation to cooperate in preventing impunity for crimes against humanity and war crimes.

First, Nigeria is subject to an international obligation to take action to deny safe haven to individuals accused of the most serious crimes of international concern - foremost among which are crimes against humanity and war crimes. Nigeria is a party to the Rome Statute for the International Criminal Court, the Geneva Conventions and the Convention against Torture, by which it has expressly committed itself to participate actively in international action to ensure justice for such crimes. Specifically, Nigeria is obliged to either put Taylor on trial, or extradite him elsewhere for the purpose of standing trial.

Second, Nigeria should respect the right of the victims of the crimes of which Charles Taylor is accused to reparation. The investigation and punishment of those responsible is recognized as an essential part of providing effective reparation, particularly to victims of serious violations of human rights.

Third, any transfer from Nigeria - whether extradition to another country or transfer to an international tribunal - should strictly observe due process guarantees. Any extradition or transfer should have a sound legal basis and Taylor should be afforded the opportunity to challenge the legality of the process before a court of law. And Nigeria should only transfer Taylor to a place where he would receive a fair trial.

The Special Court for Sierra Leone was set up jointly by the government of Sierra Leone - which asked for international help to deliver justice for atrocities committed during the conflict - and the United Nations. Its mandate is to call to account those bearing the greatest responsibility for atrocities committed during the conflict that raged in Sierra Leone between 1996 and 2002. Taylor was indicted for his role in fueling that conflict, and is charged with crimes against humanity and war crimes. Among the accusations against him are that he was responsible for terrorizing the civilian population of Sierra Leone, for crimes of sexual violence, for use of child soldiers, for abductions and forced labour and for killings and other acts of physical violence. The charges allege that these acts, and others, were committed on a widespread scale by armed groups supported by Taylor.

Pending any request from Liberia itself for the extradition of Charles Taylor to face a process that meets international fair trial standards, Nigeria’s best option is to comply with the request from Sierra Leone’s war crimes tribunal.

Background on the Sierra Leone war crimes tribunal

The Special Court for Sierra Leone was established on the basis of an agreement between the U.N. 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.

The Court’s American Prosecutor, David Crane, announced its first seven indictments on 10 March 2003, and there are now a total of thirteen publicly announced indictments, including against rebel leader Foday Sankoh, who died in July 2003.

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. 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. For these reasons it is known as a “mixed” or “hybrid” tribunal, unlike the ICTY and ICTR which are organs of the U.N. and purely international bodies.

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 1996 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, organised armed groups involved in Sierra Leone’s civil war. Controlling Sierra Leone’s diamond wealth was a major goal of the armed groups.

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