Prosecutor v. Brima, Kamara, and Kanu - Courses

Prosecutor v. Brima, Kamara, and Kanu
(AFRC Case)
SC-SL (Case 16) 2008
Facts
a. On 20 June 2007, the Trial Chamber for the Special Court for Sierra Leone
accused Alex Tamba Brima, Ibrahim Bazzy Kamara, and Santigie Borbor Kanu
of commiting numerous counts of some of the most heinous, brutual and atrocious
crimes ever recorded in human history.
b. Brima, Kamara, and Kanu were three of the highest-ranking generals in the Sierra
Leonean Army at the time of conviction.
c. The crimes committed by these men against helpless civilians include: Innocent
civilians- babies, children, men and women of all ages- were murdered by being
shot, hacked to death, burned alive, beaten to death. Women and girls were gang
raped to death. Sons were forced to rape mothers and brothers forced to rape
sisters. Complete human mutilation was used as signs of accomplishment,
paraded in the villages that these men attacked. Hacking off the limbs of innocent
civilians was commonplace.
d. The defense notes that all three men previously had clean records. All men have
circumstances where they now support families, and that all three men served the
Sierra Leone army well from a young age and that they were clearly involved in
activities that enhanced peace and reconciliation In Sierra Leone including work
with the Red Cross and UNICEF.
Questions
a. Does the Special Court of Sierra Leone have jurisdiction to hear the case
b. Are Brima, Kamara, and Kanu responsible for the convictions that have been
brought against them
c. Should previous good standing with Sierra Leone and its people have any affect
on the outcome of the sentences of the accused. Does the fact that the men were
high-ranking members of the army constitute a lessening of the sentences
Decisions
a. The Special Court of Sierra Leone does hold jurisdiction for this case because the
defendants were in the Sierra Leone army and the crimes mostly occurred within
the Bombali District and Western are of Sierra Leone.
b. It is without question that Brima, Kamara, and Kanu are guilty of the crimes
against humanity brought against them. The crimes in which all three men were
responsible for were heinous, deliberate, brutal and targeted very large number of
unarmed civilians and had a catastrophic and irreversible impact on the lives of
the victims and their families.
c. The previous good standings and roles of the men in the Sierra Leone are taken
here as mitigating factors within the case. It is clearly noted that by spreading the

peace and sometimes helping civilians, the men were doing their responsibilities
within the country.
d. Therefore, with these heinous, brutal and targeted attack on unarmed civilians in
mind, the SC-SL has convicted all three men to acceptable prison terms with the
principle that an appropriate penalty must be imposed in proportion with the
wrongdoing. The Trial Chamber, for these reasons, sentences Alex Tamba Brima
to a single term of fifty years in prison, sentences Ibrahim Bazzy Kamara to a
single term of forty five years in prison, and sentences Santigie Borbor Kanu to a
single term of fifty years in prison.
Principles
a. The key principle in this case was the recognition of crimes against humanity. The
crimes committed were viewed as some of the most tragic and outrageous crimes
ever committed in human history.
b. The court foremost wanted to convey the message that globally accepted laws and
rules have to be obeyed by everybody.
Conclusion
With undisputable evidence placed on these men for unthinkable crimes against
humanity, they were all rightfully sentenced to prison terms. It was the men’s duty to
keep the peace within Sierra Leone, but they rather committed heinous crimes against
humanity.
Bibliography
Prosecutor vs. Brima, Kamara and Kanu (AFRC Case); SC-SL (Case 16) 2008
Submitted
John W. Hoy, 19 November 2009