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

136 Chapter 5
assessed’. 119 In making an assessment of the gravity of the offence, the
Chamber may examine among other things, 120
the general nature of the underlying criminal conduct, the form and degree of
participation of the accused or the specific role played by the accused in the
commission of the offence, the degree of suffering, impact or consequences of
the crime for the immediate victim in terms of physical, emotional and
psychological effects, the effects of the crime on relatives of the immediate
victims and/or the broader targeted group, the vulnerability of the victims,
and the number of victims.
The approach adopted by the SCSL Trial Chamber in the Brima case has
been repeated almost verbatim in other cases concluded by the court. 121 In
relation to the gravity of the offence the SCSL Trial Chamber has pointed
out that it is the ‘litmus test for the appropriate sentence’. 122 For example,
the Prosecution highlighted Sessay and Kallon’s positions within the RUF
and the Junta alliance, especially within the Supreme Council, Sessay’s
role in planning and organising forced mining activities as well as his
endorsement of instructions to kill civilians as well as to burn civilian
houses. 123 Having fully considered the submissions of the parties during
the sentencing hearing, the Chamber came to the conclusion that the
inherent gravity of the crimes in question, which included sexual offences,
was exceptionally high and increased the gravity of the underlying
offence. 124 The Trial Chamber has also found that the killing of civilians
ordered by Kamara showed that he was a violent and active participant in
the crimes and in that case amounted to an aggravating factor. 125
The court in the Sessay sentencing judgment pointed out that, based on
established jurisprudence, factors considered aggravating in other
international criminal jurisdictions include the leadership role of the
accused, premeditation and motive, the length and time during which time
the offence was committed, the location of the attacks, sadism and desire
for revenge as well as total disregard for the sanctity of human life and
dignity. 126 The approach taken by international criminal tribunals, to use
the gravity of the offence as a litmus test, has been dismissed by some as
fiction or as a ploy to set a high baseline for most of the crimes under the
jurisdiction of international tribunals. 127
119 As above.
120 AFRC Sentencing judgment para 19.
121 RUF Sentencing judgment para 18; CDF Sentencing judgment para 32.
122 As above.
123 RUF Sentencing judgment para 43.
124 RUF Sentencing judgment para 116.
125 AFRC Sentencing judgment para 86.
126 RUF Sentencing judgment para 25; AFRC Sentencing judgment para 21; CDF
Sentencing judgment para 37.
127 Sloane (n 49 above) 724.