NAME OF MECHANISM

Special Court for Sierra Leone

PERIOD OF OPERATION

16 January 2002 – present. The court began hearing cases on 3 June 2004.

MANDATE AND OPERATIONS

Mandate: The Special Court for Sierra Leone (SCSL) was established by the Special Court Agreement, 2002, Ratification Act (amended by the Special Court Agreement Ratification Amendment Act, 2002), in accordance with the Agreement between the United Nations (UN) and the Government of Sierra Leone, “to try those who have greatest responsibility for crimes against humanity, war crimes, and other serious violations of international law committed since 30 November 1996.”

Staff: Eight judges, appointed by the government of Sierra Leone and the UN secretary-general.

Structure: Three organs: Chambers (Appeals Chamber, Trial Chamber I and Trial Chamber II), the Registry (including the Defence Office) and the Office of the Prosecution.

Budget: According to the Sixth Annual Report of the SCSL, for 2009, court costs in Freetown, Sierra Leone, were US$17,959,900, while costs in The Hague, Netherlands, were US$10,014,200. According to the Seventh Annual Report of the SCSL, the 2010 costs are US$7,521,200 for Freetown and US$12,968,000 for The Hague.

RESOURCES

Official website of the Special Court for Sierra Leone
Official website of the Charles Taylor trial
Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Special Court for Sierra Leone  [16 Jan 2002]
Special Court Agreement, 2002, Ratification Act [2002]
Special Court Agreement, 2002, Amendment to the Ratification Act [2002]
Sixth Annual Reportof the Special Court for Sierra Leone [May 2009]
Seventh Annual Report of the Special Court for Sierra Leone [May 2010]
Special Court for Sierra Leone Completion Strategy  [Jun 2009]

RESULTS

To date, the SCSL has heard four cases with 12 defendants.

The trial of former Liberian President Charles Ghankay Taylor, which began on 4 June 2007, closed on 11 March 2011. The judges are currently deliberating the verdict, which is expected by the end of 2011. According to the prosecution, Taylor – who was charged with 11 counts of war crimes, crimes against humanity and other serious violations of international law – supported and controlled the Revolutionary United Front (RUF), aiming to seize power in Sierra Leone and thus access its natural resources [All Africa | 11 Mar 2011]. Because of security concerns, Taylor’s trial was held in The Hague, while the others were held in the capital of Sierra Leone, Freetown.

In Prosecutor v. Fofana and Kondewa, the court tried three alleged leaders of the Civil Defence Forces – Sam Hinga Norman, Moinina Fofana and Allieu Kondewa – who were indicted in 2003 on eight counts of war crimes, crimes against humanity and other international humanitarian law violations. The trial began on 3 June 2004. Sam Hinga Norman died on 22 February 2007, at which point the case against him was closed. Fofana and Kondewa were found guilty on most counts on 2 August 2007. Following the appeals judgement on 28 May 2008, Fofana was sentenced to a term of imprisonment of 15 years and Kondewa to 20 years.

In Prosecutor v. Sesay, Kallon and Gbao, the SCSL tried five former RUF leaders indicted in March 2003 on 18 counts of war crimes, crimes against humanity and other international humanitarian law violations. The trial began on 5 July 2004 and the accused were found guilty on most counts on 25 February 2009. The appeals judgement upheld the sentences imposed by the Trial Chamber: 52 years for Sesay, 40 years for Kallon and 25 years for Gbao, with credit given for time served.

In Prosecutor vs. Brima, Kamara and Kanu, the court tried three leaders of the Armed Forces Revolutionary Council (AFRC) on 14 counts of war crimes, crimes against humanity and other international humanitarian law violations. The trial began on 7 March 2005 and ended on 20 June 2007 with the accused found guilty on most counts. Brima was sentenced to 50 years of imprisonment, Kamara to 45 years and Kanu to 50 years. Their appeals were dismissed.

In May 2008, the plenary of judges amended the court’s rules of procedure to allow a person indicted by the SCSL to be tried in another jurisdiction after Johnny Paul Koroma, AFRC’s leader, fled Freetown upon being indicted by the court in 2003. His whereabouts are unknown.

The SCSL also indicted Foday Saybana Sankoh, the RUF’s leader, but withdrew its indictments when he died in custody of natural causes in 2003. Indictments against another RUF leader, Sam Bockarie, were withdrawn when he was killed in Liberia in 2003.

The SCSL has been credited for seeking accountability of those bearing the “greatest responsibility” for human rights abuses in the conflict, being the first to prosecute a former African head of state, convicting perpetrators who forcibly recruited child soldiers and defining forced marriage as a crime against humanity [ICTJ | Sep 2009]. At the same time, it has been criticised for holding only a few accountable despite the large number of perpetrators in the conflict, as well as for its inadequate outreach efforts within Sierra Leone and for spending billions on a few prosecutions that could have been used, for example, for reparations to victims [USIP | Jul 2007].

BACKGROUND

The SCSL was set up by the Sierra Leonean government and the UN to try those most responsible for human rights violations committed during the conflict. The court and the Sierra Leonean Truth and Reconciliation Commission ran concurrently, which led to confusion about the differences between them, particularly among Sierra Leoneans. The court was criticised for ruling that detainees could not testify before the commission despite being the main decision makers and the most informed about the conflict [Trial | Oct 2010].

SOURCES