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

100 Chapter 4
years imprisonment while Allieu Kondewa was sentenced to twenty years.
They were all convicted for crimes against humanity and war crimes. 21
The Appeals Chamber sentenced Issa Sesay to 52 years imprisonment for
crimes against humanity and war crimes, Morris Kallon to 40 years and
Augustine Gbao to 25 years. 22
On 19 July 2009, the Trial Chamber of the SCSL delivered a single
sentence of 50 years for Tamba Brima, 45 years for Bazzy Kamara and 50
years for Borbor Kanu. 23 On 31 October 2009, all eight persons convicted
and sentenced by the SCSL (the prisoners) were transferred to Rwanda to
serve their sentences. 24 They are currently incarcerated in Mpanga Prison
in Rwanda under an agreement signed between the SCSL and Rwanda in
March 2009. That done, on 16 November 2009 the SCSL handed over the
detention facility to Sierra Leone. Charles Taylor is the only one still on
trial before the SCSL sitting in The Hague. The SCSL will be phased out
once the trial of Charles Taylor is completed.
This chapter examines the contribution and legacy of the Court to the
development of international law in Africa. The legacy of the SCSL is
examined only in relation to the cases it prosecuted. Further, the principles
of international criminal law and jurisprudence of the court are examined
in such cases. Although the court has made a significant contribution to
international law, including decisions on immunity of state officials, 25
enlisting or conscription of children under the age of 15 years into armed
forces, 26 sexual violence, 27 forced marriage, 28 judicial impartiality,
indictments and joinder of accused persons, this chapter does not cover
such areas because they are beyond its scope of dealing only with selected
principles and other new developments.
21
Prosecutor v Fofana and Kondewa (Case SCSL-04-14-A) Appeal judgment 28 May 2008
paras 1-10.
22
Prosecutor v Sesay, Kallon and Gbao (Case SCSL-04-15-1-A) Judgment 25 October 2009.
23 Prosecutor v Brima, Kamara and Kanu (Case SCSL-04-16-T) Sentencing judgment 19 July
2007.
24
‘Special Court Prisoners Transferred to Rwanda to serve their sentences’ Press Release,
SCSL, 31 October 2009.
25 Prosecutor v Taylor paras 45-53, especially para 53.
26
Prosecutor v Fofana and Kondewa Judgment, Trial Chamber, 2 August 2007 paras 182-
199; Prosecutor v Norman, Fofana and Kondewa Decision on motions for judgment of
acquittal pursuant to rule 98, 21 October 2005 paras 123-124; Prosecutor v Norman
Decision on preliminary motion based on lack of jurisdiction (child recruitment) 31
May 2004 paras 26-51.
27 Art 2(g) and (i) Statute of the SCSL; Prosecutor v Norman, Fofana and Kondewa (Case
SCSL-04-14-T) Reasoned majority decision on prosecution motion for a ruling on the
admissibility of evidence, 24 May 2005 para 19.
28 Art 2(g) Statute of the SCSL; Prosecutor v Sesay, Kallon and Gbao (Case SCSL-04-15-PT)
Decision on prosecution request for leave to amend the indictment, 6 May 2004 paras
36, 50-51, 57; Prosecutor v Brima, Kamara and Kanu Case SCSL-04-16-PT Decision on
prosecution request for leave to amend the indictment, 6 May 2004 paras 36, 51-52, 57-
58; Prosecutor v Brima, Kamara and Kanu Case SCSL-04-16-T Decision on prosecution
request for leave to call an additional witness (Zainab Hawa Bangura) pursuant to rule
73bis (E) and on joint defence notice to inform the Trial Chamber of its position vis-à-vis
the proposed expert witness (Mrs Bangura) pursuant to rule 94bis, 5 August 2005 para
29.