Special Court for Sierra Leone

The Special Court for Sierra Leone was an international tribunal established by the United Nations (UN) at the request of Sierra Leone’s government. It was intended to impartially pursue justice against the perpetrators of the many war crimes that occurred during Sierra Leone’s civil war. The court secured eight convictions, including that of Charles Taylor, a former president of Liberia. During its tenure, the court was considered superior to all other courts in Sierra Leone. It was also expected to enforce and maintain the sentences of the criminals it convicted. Though the court stopped pursuing new convictions in 2013, it was replaced by the Residual Special Court for Sierra Leone, which continued to carry out tasks necessary for the maintenance of the Special Court’s decisions.

Background

Sierra Leone began as a British settlement in the port city of Freetown on the western coast of Africa. The settlement was originally founded as a home for rescued and repatriated victims of the slave trade. It was also populated by British abolitionists. In 1808, Britain declared Freetown and its surrounding areas a British colony. By the mid-nineteenth century, Britain had created a protectorate to manage Freetown. In 1961, Britain agreed to recognize the independence of the new nation of Sierra Leone, and the country was granted its independence.

In 1967, the government of Premier Siaka Stevens was overthrown by a military coup. The country stabilized, and then experienced several more changes in governmental structure, including an additional coup. In 1991, Sierra Leone devolved into a civil war between the administration of President Joseph Saidu Momoh and the Revolutionary United Front (RUF), which was led by former army officer Foday Sankoh.

During the civil war, several other coups took place within the government of Sierra Leone. A peace deal was signed in 1996 but was cancelled in 1997 when the president was once again deposed by the army. Following this coup, the country’s constitution was suspended. Additionally, all political parties and demonstrations were banned by the government. In 1999, battles over Freetown led to more than five thousand deaths.

Following the battle over Freetown, the UN intervened, arranging for a ceasefire between the government and the rebel forces. UN troops arrived to safeguard the peace agreement but were abducted by military forces. Britain then intervened, deploying paratroopers to help secure safe zones for UN peacekeepers. The British forces then began training the army of Sierra Leone to help fight the rebels and began operations to rescue the captured UN troops. In January 2002, the war was officially declared over, and the UN declared that more than forty-five thousand rebel fighters had been disarmed. Later that year, free elections were held with Sierra Leone.

Overview

Following a request sent out in June 2000 by Sierra Leone President Ahmad Tejan Kabbah, the UN agreed to create a special tribunal to try those responsible for the many war crimes that occurred within Sierra Leone’s civil war. This Special Court was formally established on January 16, 2002, and construction of the court’s facilities in Freetown began shortly afterward. The first UN staff members arrived in July 2002, and the courthouse officially opened in March 2004.

The Special Court for Sierra Leone was granted jurisdiction to try anyone who committed acts of slavery, deportation, murder, sexual violence, torture, or any other form of persecution based on ethnicity during the civil war. It was deemed superior to any other court in Sierra Leone, and its ruling invalidated any previous guarantees of amnesty. Enforcement was handled by the court itself, and all sentences were carried out in Sierra Leone unless the country lacked the capacity to efficiently manage them.

All three factions involved in the civil war were accused of war crimes. Eight different leaders were convicted and sentenced to twenty-five to fifty-two years in prison. The trial of Charles Taylor, a former president of Liberia, was moved from the Special Court for Sierra Leone to the Hauge for security reasons. In April 2012, Taylor was sentenced to fifty years in prison, marking the first conviction of a former head of state by an international tribunal since the Nuremberg Trials following World War II.

The primary work of the Special Court for Sierra Leone was considered complete following Taylor’s conviction. The court had brought cases against all formally accused leaders of the various parties involved in the civil war and had no plans to bring further cases against other war leaders. Because of this, the Special Court for Sierra Leonne was officially dissolved in December 2013.

Despite this resolution, many duties of the court could not be concluded without abandoning its original mission. These duties included the supervision of prison sentences for the criminals convicted by the court, the protection of witnesses who helped secure those convictions, and the management of the substantial archives collected by the Special Court for Sierra Leone during its operation. To ensure that these duties would be carried out, its facilities and staff were transitioned into the Residual Special Court for Sierra Leone, which managed the maintenance of the original court.

Though the Special Court for Sierra Leone accomplished many of its goals, it faced criticisms during its time in operation. Critics alleged that it was unethical for a foreign tribunal to overrule the courts of a nation within its own borders. Additionally, many employees of the Special Court for Sierra Leone were paid much more than the judges of the nation itself, causing tension between the two judicial bodies. Additionally, some objected to the conviction of Taylor, who was charged with crimes for his support of a foreign war in which he was not directly involved. Others argued that Taylor’s imprisonment for his crimes in Sierra Leone will stop him from facing justice for his alleged crimes in Liberia during his time as Liberia’s president.

Bibliography

Gberie, Lansana. “The Special Court for Sierra Leone Rests—For Good.” Africa Renewal, 2023, www.un.org/africarenewal/magazine/april-2014/special-court-sierra-leone-rests-%E2%80%93-good. Accessed 21 June 2023.

“Residual Special Court for Sierra Leone.” RSCSL.org, 2023, rscsl.org/. Accessed 21 June 2023.

“Sierra Leone.” Cornelle.edu, www.law.cornell.edu/background/amistad/sierra.html. Accessed 21 June 2023.

“Sierra Leone Profile—Timeline.” BBC News, 2018, www.bbc.com/news/world-africa-14094419. Accessed 21 June 2023.

“Special Court for Sierra Leone.” US Department of State Archives, 2001–2009.state.gov/s/wci/sierraleone/index.htm. Accessed 21 June 2023.