CHARLES TAYLOR: INTERNATIONAL SUPPORT FOR SIERRA LEONE SPECIAL COURT CRITICAL

Following indicted war criminal Charles Taylor’s resignation and departure from Liberia, the Lawyers Committee urges all states to cooperate fully with the Special Court for Sierra Leone. Governments should refuse to harbor Taylor and should hand him over to the tribunal if he enters their jurisdiction. In particular, Nigerian authorities should arrest Taylor in compliance with the international arrest warrant and surrender him to the Special Court for Sierra Leone.

The Special Court was established to try war crimes, crimes against humanity and other serious violations committed in that country’s long and bloody conflict. (See Lawyers Committee for Human Rights, “The Special Court for Sierra Leone,” http://www.lchr.org/international_justice/w_context/w_cont_04.htm.) Taylor was indicted by the Court on June 4, 2003, charged with “bearing the greatest responsibility for war crimes, crimes against humanity and serious violations of international humanitarian law within the territory of Sierra Leone since 30 November 1996.” The United Nations Security Council has called upon states to cooperate fully with the Special Court.

On August 5, the Liberian government issued an application to the International Court of Justice seeking to begin proceedings against Sierra Leone. Liberia wants the indictment and the international arrest warrant against Taylor cancelled. The ICJ cannot act unless and until Sierra Leone accepts the jurisdiction of the Court.

The chief prosecutor of the Special Court, David Crane, has declared that: “Any nation that finds Taylor within its borders is legally bound to execute [the arrest warrant]." (See Lawyers Committee for Human Rights, “Wanted by the Sierra Leone Special Court: Ghana fails to arrest Charles Taylor,” June 6, 2003, http://www.lchr.org/international_justice/w_context/w_cont_08.htm.)

Nigeria, or any other country to which Taylor flees, has a duty to ensure that he does not escape justice for the crimes of which he is accused. The Geneva Conventions, to which Nigeria and other states in the region are party, classify war crimes as crimes so serious that states have an obligation either to try these crimes themselves or to hand over suspects to a competent tribunal. The Sierra Leone Special Court, having been authorized by both the United Nations and the Government of Sierra Leone to try crimes committed in the course of the Sierra Leonean civil war, carries such authority.

Other members of the international community now need to demonstrate their support for the Court. In particular, the United States, a key player in the Liberia crisis and a strong supporter of the Sierra Leone tribunal, should stand by its commitment and work to ensure that Taylor is handed over to the Special Court. For instance, in May 2002, Under Secretary of State for Political Affairs Marc Grossman cited the Sierra Leone tribunal as an example of the continued commitment of the United States to the promotion of international justice and the rule of law: “We will support creative ad-hoc mechanisms such as the hybrid process in Sierra Leone -- where there is a division of labor between the sovereign state and the international community…” (See Remarks to the Center for Strategic and International Studies, Marc Grossman, Under Secretary for Political Affairs, “American Foreign Policy and the International Criminal Court,” http://www.state.gov/p/9949.htm, May 6, 2002.).

In the past, in the absence of effective international mechanisms of justice, a number of prominent African leaders accused of gross violations of human rights have been allowed to slip into exile after their governments have been overthrown—among them Uganda’s Idi Amin and Ethiopia’s Mengistu Haile Mariam. Since the Rwandan genocide, the massive cost of impunity for gross human rights abuses has provided a new impetus for international justice.

The Rwandan genocide generated a new recognition by African leaders of the need for international justice and accountability in the region. The atrocities in Sierra Leone, where the amputation of limbs became the signature crime of rebel forces, further impelled international action. The mixed international-national tribunal on Sierra Leone has provided new hope that atrocities will be punished—and that justice will serve as a deterrent to renewed violations. The efforts to prosecute Charles Taylor are a critical element in this effort.

BACKGROUND

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. Charged with prosecuting those bearing the greatest responsibility for the serious atrocities perpetrated in Sierra Leone since 1996, it has so far issued twelve indictments. 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. 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.

Special Court President Geoffrey Robertson QC has written to the U.N. Secretary General requesting stronger enforcement powers for the Court, since it lacks powers to enforce its arrest warrants and other orders. On June 9, he requested that the Security Council give the Court a mandate under Chapter VII of the UN Charter, the effect of which would be to oblige all states to cooperate with the Court.