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

CHAPTER
5
1 Introduction
SENTENCING PRACTICE OF THE
SPECIAL COURT
FOR SIERRA LEONE
* LL.B (Botswana), LLM, Doctoral Candidate (Pretoria); Lecturer, University of
Botswana, Gaborone, Botswana.
1 Report of the Truth and Reconciliation Commission of Sierra Leone (2004) 27.
2
The award-winning documentary film by Sorious Samura, Cry Freetown, shows the
shocking nature of the atrocities committed, shown to the author on a visit to the SCSL
in Sierra Leone. I visited the SCSL from 3 - 10 June 2008.
3
TRC Report (n 1 above) 27.
4 T Negash ‘Accomplishments, shortcomings and challenges: Evaluation of the Special
Court for Sierra Leone’ Unpublished LLM dissertation, University of Pretoria (2000) 7.
5
MC Nicol-Wilson ‘The realisation of the right to bail in the Special Court for Sierra
Leone: Problems and prospects’ (2007) 7 African Human Rights Law Journal 506-509.
119
Bonolo Dinokopila*
Sierra Leone was plagued by a bloody and shocking war for slightly more
than a decade. As described by the Sierra Leone Truth and Reconciliation
Commission (TRC), it was the ‘most shameful years of Sierra Leone’s
history’ and a period which ‘reflects an extraordinary failure of leadership
on the part of all those involved in government, public life and civil
society’. 1
During the war many terrible atrocities were committed by the
Revolutionary United Front (RUF), the Armed Forces Revolutionary
Council (AFRC), the Sierra Leone Army (SLA) and the Civil Defence
Forces (CDF). 2 The war was characterised by indiscriminate violence and
was waged largely by Sierra Leoneans against Sierra Leoneans and all
factions specifically targeted civilians. 3 More than half of the people of
Sierra Leone were displaced during the civil war. Between 100 000 and 200
000 people were killed with more than 40 000 maimed during the conflict. 4
In short, gross human rights abuses were rampant during this decade-long
war. The leadership of the various parties to the conflict were responsible
for either authorising or instigating human rights violations against
civilians or alternatively for failing to stop such practices. 5