Prosecuting International Crimes in Africa - PULP - University of ...

CHAPTER
4PROSECUTION AND PUNISHMENT
OF INTERNATIONAL CRIMES BY
THE SPECIAL COURT
FOR SIERRA LEONE
1 Introduction
* LL.B (Hons) (Dar es Salaam); LL.M; LL.D Candidate (Pretoria) ; Advocate of the
High Court of Tanzania.
1 See Government of Sierra Leone Truth and Reconciliation Commission Report (2004) ch
entitled ‘Causes of Conflict’ para 10 and ‘Primary Findings’ paras 12-19.
2 UNSC Res 1315(2000) of 14 August 2000 (UN Doc S/RES/1315).
3 Agreement between the United Nations and the government of Sierra Leone on the
Establishment of the Special Court for Sierra Leone, 16 January 2002 UNSC Res 246
(UN Doc S/2002/246).
4 Statute of the SCSL UN Doc S/2000/915.
5
The Special Court Agreement (Ratification) Act 9 of 2002 Supplement to the Sierra Leone
Gazette, CXXXIII (22) 25 April 2002.
97
Chacha Murungu*
Crimes against humanity and war crimes were committed during a noninternational
armed conflict between rebel forces and the armed forces of
the government of Sierra Leone from 1991 to 2002. Rebel factions and
government forces that participated in the conflict included the
Revolutionary United Front (RUF), the Armed Forces Revolutionary
Council (AFRC), the AFRC/RUF, and the Civil Defence Forces (CDF). 1
Following the crimes committed during the war, the government of
Sierra Leone requested the United Nations (UN) to assist in establishing a
court that would prosecute and punish persons responsible for
international crimes. By Resolution 1315 of 14 August 2000, the UN
Security Council decided to establish the Special Court for Sierra Leone
(SCSL) on the basis of an agreement between the UN and the government
of Sierra Leone. 2 The Secretary-General of the UN negotiated and
concluded an agreement with the government of Sierra Leone to establish
the SCSL. 3 The Statute of the SCSL was annexed to that agreement. 4
Sierra Leone later enacted domestic legislation to give effect to the
agreement with the United Nations on the establishment of the SCSL. 5
The basis for establishment of the SCSL is its Statute and the agreement
concluded between the UN and the government of Sierra Leone.