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

Prosecution and punishment of international crimes by the Special Court for Sierra Leone 99
Sierra Leone. 14 The SCSL has competence to render justice to the ‘victims
and persons found guilty of serious violations of humanitarian law and
Sierra Leonean law’. 15
The SCSL commenced its operations on 1 July 2002. The first thirteen
indictments were approved by the court on 7 March 2003. 16 Of the thirteen
indictees, only twelve persons were arrested. John Paul Koroma still
remains at large, but may have died in Liberia. Before the commencement
of trials, Sam Bockarie and Foday Sankoh died. Samuel Hinga Norman
died in detention whilst his trial was still proceeding. The court was left
with nine persons who were prosecuted. These are Moinina Fofana, Allieu
Kondewa, Issa Hassan Sesay, Morris Kallon, Augustine Gbao, Alex
Tamba Brima, Brima Bazzy Kamara, Santigie Borbor Kanu and Charles
Taylor. Of these nine persons, eight have been convicted of war crimes and
crimes against humanity. The case against Charles Taylor is still on trial
before the Trial Chamber of the SCSL –sitting in The Hague, The
Netherlands.
On 27 January 2004, the Prosecutor of the SCSL joined the cases of
nine accused persons under the CDF Trial, 17 the RUF Trial 18 and the AFRC
Trial. 19 Charles Taylor is tried separately. 20 The three joinder cases
involving nine accused persons have all been completed and the accuse
have been sentenced to different terms of imprisonment. Moinina Fofana
was sentenced by the Appeals Chamber of the SCSL to a total of fifteen
13 Refusing leave to file an interlocutory appeal, 17 January 2005 paras 31-32; Prosecutor v
Brima, Kamara and Kanu (Case SCSL-04-16-AR 73) Decision on Brima-Kamara
defence appeal motion against Trial Chamber II Majority decision on extremely urgent
confidential joint motion for the re-appointment of Kevin Metzger and Wilbert Harris
as lead counsel for Alex Temba Brima and Brima Bazzy Kamara, 8 December 2005
paras 72-78; 135-139.
14 Prosecutor v Fofana (Case SCSL-04-14-PT) Decision on the Preliminary Defence Motion
on the Lack of Personal Jurisdiction Filed on behalf of the Accused Fofana, 3 March
2004 paras 21-27, especially para 24; Prosecutor v Kallon, Norman and Kamara Decision
on constitutionality and lack of jurisdiction, 13 March 2004 paras 75, 78-79.
15
Prosecutor v Norman, Fofana and Kondewa (Case SCSL-04-14-T) Majority decision on the
prosecution’s application for leave to file an interlocutory appeal against the decision on
the prosecution’s request for leave to amend the indictment against Samuel Hinga
Norman, Moinina Fofana and Allieu Kondewa, 2 August 2004 para 31.
16 See Prosecutor v Koroma (Case SCSL-03-03); Prosecutor v Bockarie (Case SCSL-03-04);
Prosecutor v Sankoh (Case SCSL-03-02); Prosecutor v Norman (Case SCSL-03-08);
Prosecutor v Fofana (Case SCSL-03-11); Prosecutor v Kondewa (Case SCSL-03-12);
Prosecutor v Sesay (Case SCSL-03-05); Prosecutor v Kallon (Case SCSL-03-07); Prosecutor v
Gbao Case (SCSL-03-09); Prosecutor v Brima (Case SCSL-03-06); Prosecutor v Kamara
(Case SCSL-03-10); Prosecutor v Kanu (Case SCSL-03-13); Prosecutor v Taylor (Case
SCSL-03-01).
17 Prosecutor v Norman, Fofana and Kondewa Civil Defence Forces (CDF) Trial (Case SCSL-04-
14-I) 5 February 2004 (Indictment).
18 Prosecutor v Sesay, Kallon and Gbao, Revolutionary United Front (RUF) Trial (Case SCSL-
04-15-PT) 13 May 2004 (Indictment).
19
Prosecutor v Brima, Kamara and Kanu (Case SCSL-2004-16-PT) 18 February 2005
(Indictment).
20 Prosecutor v Taylor (Case SCSL-2003-01-I) (Indictment) 3 March 2003; but see amended
indictment in the case against Charles Taylor of 16 March 2006 reducing counts in the
charges of war crimes and crimes against humanity from 17 to 11.