Special Court For Sierra Leone
About The Special Court for Sierra Leone
The Special Court for Sierra Leone was set up in 2002 as the result of a request to the United Nations in 2000 by the Government of Sierra Leone for “a special court” to address serious crimes against civilians and UN peacekeepers committed during the country’s decade-long (1991-2002) civil war.
Negotiations between the United Nations and the Government of Sierra Leone on the structure of the court and its mandate, produced the world’s first “hybrid” international criminal tribunal, mandated to try those “bearing the greatest responsibility” for crimes committed in Sierra Leone after 30 November 1996, the date of the failed Abidjan Peace Accord. It was the first modern international tribunal to sit in the country where the crimes took place, and the first to have an effective outreach programme on the ground.
The Special Court for Sierra Leone was the first international court to be funded by voluntary contributions and, in 2013, became the first court to complete its mandate and transition to a residual mechanism.
The Special Court Statute empowered the Prosecutor to bring charges for war crimes (violations of Article 3 common to the Geneva Conventions and of Additional Protocol II), crimes against humanity, other serious violations of international humanitarian law, and certain serious violations of Sierra Leonean law.
The Residual Special Court : Its Operations and Mandate
The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. It was ratified by Parliament on 15 December 2011 and signed into law on 1 February 2012. The agreement stipulates that the RSCSL shall have its principal seat in Freetown,but shall carry out its functions at an interim seat in The Netherlands with a sub-office in Freetown for witness and victim protection and support.
The RSCSL, like the SCSL, is funded by voluntary contributions from the international community, but the agreement permits it to seek alternative means of funding. The RSCSL has an oversight committee to assist in obtaining adequate funds and to provide advice and policy direction on non-judicial aspects of the Court.
Unlike the Special Court, which at its busiest employed more than 400 staff in Freetown and The Hague, the RSCSL is a small body with about a dozen staff. The Act provides for a Chambers consisting of a President and, when necessary, a Trial Chamber and Appeals Chamber, along with the Prosecutor and the Registrar.
Content Source : http://www.rscsl.org
The AFRC Trial
Case Title: The Prosecutor vs. Alex Tamba Brima, Ibrahim Bazzy Kamara and Santigie Borbor Kanu
Case Citation: Case No. SCSL-04-16-T
Charges: in the Amended Consolidated Indictment on 13 May 2004
- Count 1: Acts of Terrorism, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.d. of the Statute
- Count 6: Rape, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- Count 7: Sexual slavery and any other form of sexual violence, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- Count 8: Other inhumane act, a CRIME AGAINST HUMANITY, punishable under Article 2.i. of the Statute;
- In addition, or in the alternative: Count 9: Outrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the Statute.
Status: On 20 June 2006 all three defendants were found guilty on 11 of the 14 counts in the indictment, including for Count 1 (acts of terrorism), Cont 6 (rape) and Count 9 (outrages upon personal dignity. A conviction was not entered against all three accused on Count 7 (sexual slavery and any other form of sexual violence) and Count 8 (other inhumane act). All three accused appealed their convictions and sentences: Brima on 12 grounds, Kamara on 13 and Kanu on 19. On 22 February 2008 the Appeals Chamber dismissed all three appeals, upholding their convictions and sentences.
Sentencing: Alex Tamba Brima and Santigie Borbor Kanu were each sentenced to single terms of imprisonment of 50 years. Brima Bazzy Kamara received a 45 year sentence.
Link: http://www.rscsl.org/AFRC_Trial_Chamber_Decisions.html
The RUF Trial
Case Title: The Prosecutor v Issa Hassan Sesay, Morris Kallon, Augustine Gbao
Case Citation: SCSL-04-15-T
Charges:
- Count 1: Acts of Terrorism, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.d. of the Statute
- Count 6: Rape, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- Count 7: Sexual slavery and any other form of sexual violence, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- Count 8: Other inhumane act, a CRIME AGAINST HUMANITY, punishable under Article 2.i. of the Statute;
- In addition, or in the alternative: Count 9: Outrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the Statute.
Status: On 25 February 2008 the Trial Chamber found Sesay and Kallon guilty on 16 of 18 counts, and Gbao guilty on 14 counts, including for acts of terrorism (a war crime), […] rape (a crime against humanity), sexual slavery (a crime against humanity), other inhumane act (forced marriage) (a crime against humanity), outrages upon personal dignity (a war crime), cruel treatment (a war crime), other inhumane acts (a crime against humanity), […]
Sentencing: The Trial Chamber handed down sentences for each of the counts for which the accused were convicted, to be served concurrently. Sesay was sentenced to a total of 52 years in prison, Kallon to 40 years and Gbao to 25 years.
The Taylor Trial
Case Title: The Prosecutor v Charles Ghankay Taylor
Case Citation: SCSL- 2003-01-I
Charges: In the First Amended Indictment on 17 March 2006:
- Count 1: Acts of Terrorism, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.d. of the Statute. […]
- Count 4: Rape, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- Count 5: Sexual slavery and any other form of sexual violence, a CRIME AGAINST HUMANITY, punishable under Article 2.g. of the Statute;
- In addition, or in the alternative: Count 6: Outrages upon personal dignity, a VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND OF ADDITIONAL PROTOCOL II, punishable under Article 3.e. of the Statute. […]
Status: On 26 April 2012 the Trial Chamber found Charles Taylor guilty on all eleven counts, on the modes of liability of planning of crimes and for aiding and abetting of crimes committed by rebel forces in Sierra Leone. The Appeals Chamber upheld Charles Taylor’s conviction
Sentence: On 30 May 2012 the former Liberian president was given a single sentence of 50 years in prison.
Link: http://www.rscsl.org/Taylor_Trial_Chamber_Decisions.html