November 22, 2006
American Bar Association // Central European and Eurasian Law Initiative
Abstract:
Emerging from a decade of violent conflict and political instability, Sierra Leone is beginning the long process of rebuilding its society, its infrastructure, and its democracy. A stable Sierra Leone will be founded on strong efforts to address past impunity through prosecution and reconciliation as well as to promote the development of a democratic justice system based on the rule of law. As part of this process, the government of Sierra Leone has opted to develop institutions and the capacity necessary to address the impunity that characterized its decade long civil war. In June 2000 the Sierra Leonean government asked the United Nations to help establish a Special Court for Sierra Leone. On August 14, 2000, the United Nations Security Cou#ncil adopted resolution 1315 commissioning "the Secretary-General to negotiate an agreement with the Government of Sierra Leone to create an independent special court. An actual agreement regarding the court was signed between the United Nations and the government of Sierra Leone on January 16, 2002. On that same day, the official Statute for the Special Court for Sierra Leone came into existence. The Special Court personnel have an initial three year mandate to try those who "bear the greatest responsibility for the commission of crimes against humanity, war crimes and serious violations of international humanitarian law, as well as crimes under relevant Sierra Leonean law within the territory of Sierra Leone since November 30, 1996." The Lomé Peace Agreement also outlined the establishment of a Truth and Reconciliation Commission (TRC). Article 26 states that a TRC "shall be established to address impunity, break the cycle of violence, provide a forum for both the victims and perpetrators of human rights violations to tell their story, get a clear picture of the past in order to facilitate genuine healing and reconciliation." In February 2000, Parliament approved the Truth and Reconciliation Commission Bill, paving the way for the creation of a TRC to provide a forum for publicly airing the grievances of victims and the confessions of perpetrators from the civil war. The peace is now holding and the time is ripe for engaging the individuals and institutions necessary both to begin building the democratic rule of law and to make these accountability institutions successful. To support these significant objectives CEELI and ABA-Africa are conducting a War Crimes Documentation Project in Sierra Leone. Through this project the ABA will release a quantitative analysis of war crimes violations that occurred in Sierra Leone, while providing tools to enhance local capacity to address war crimes and human rights abuses in an ongoing manner. ...