Background
Name: Charles Ghankay Taylor
Nationality: Liberian
Arrested: March 29, 2006; Taylor was arrested in Nigeria and transferred into custody of the Special Court for Sierra Leone.
Charges: 11 counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law.
Trial start date: January 6, 2008
Trial end date: March 9, 2011
Judgment: April 26, 2012; convicted of all charges.
Sentencing: May 30, 2012; sentenced to 50 years in prison.
Nationality: Liberian
Arrested: March 29, 2006; Taylor was arrested in Nigeria and transferred into custody of the Special Court for Sierra Leone.
Charges: 11 counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law.
Trial start date: January 6, 2008
Trial end date: March 9, 2011
Judgment: April 26, 2012; convicted of all charges.
Sentencing: May 30, 2012; sentenced to 50 years in prison.
Charles
Taylor was in Accra, Ghana, attending peace talks, when the news came through
that he had been indicted by the Special Court for Sierra Leone on June 4,
2003. He fled back to Liberia, fearing arrest. Two months later, a deal
between the United Nations, the United States, the African Union, and ECOWAS
(the Economic Community of West African States) was struck to get Taylor out of
Liberia. Taylor then went into exile in Nigeria.
Almost
three years passed before Taylor was arrested and transferred to the Special
Court for Sierra Leone. His time in Nigeria did not go unchallenged, however.
Civil society and others were still pushing for him to answer the charges
against him in the indictment. In Abuja, Nigeria, two Nigerian businessmen,
David Anyaele and Emmanuel Egbuna—whose limbs were allegedly amputated by
Taylor’s forces in Liberia—challenged Taylor’s asylum and sought to have him
extradited to the Special Court for Sierra Leone to face justice. But the case
wound its way through the courts slowly.
Eventually,
the new Liberian president, former World Bank official Ellen Johnson-Sirleaf,
asked for Taylor to be returned to Liberia. Twenty days later, on March 25,
2006, Nigerian president, Olusdegun Obasanjo informed Johnson-Sirleaf that
Liberia was “free to take former President Charles Taylor into its
custody.” Within 48 hours, Taylor went missing from his seaside villa in
Nigeria. Nigerian officials raised the alarm and ordered his arrest. Taylor
was caught by Nigerian authorities on March 29, 2006, as he tried to cross the
Cameroon border in a Range Rover. Taylor was placed in a Nigerian Government
jet with military guard and flown to Monrovia. Peacekeepers arrested him
on the tarmac and put aboard a UN helicopter headed for Freetown, where he was
handed over to the Special Court for Sierra Leone.
Citing
fears over instability in Liberia if Taylor were tried in neighboring Sierra
Leone, Sirleaf-Johnson backed a bid to have Taylor’s trial moved to The
Hague. The Dutch Government asked for a Security Council resolution to
authorize the transfer, and said it would host Taylor’s trial on the condition
that another country agreed in advance to take Taylor after his trial finished
(the United Kingdom agreed). Security Council Resolution 1688 was passed
unanimously on June 16, 2006, paving the way for Taylor to be tried by the
Special Court on the premises of the International Criminal Court in The
Hague. Resolution 1688 also requested “all States to cooperate to this
end, in particular to ensure the appearance of former President Taylor in the
Netherlands for purposes of his trial by the Special Court, and encourages all
States as well to ensure that any evidence or witnesses are, upon the request
of the Special Court, promptly made available to the Special Court for this
purpose.” After some delays, Taylor’s trial began in earnest on January
7, 2008, in The Hague.
Other trials at the Special Court for Sierra Leone
AFRC trial
Alex
Tamba Brima (a.k.a. Tamba Alex Brima, Gullit), senior member of the Armed
Forces Revolutionary Council (AFRC), Junta, and AFRC/RUF forces, member of the
Junta Governing Body, the Supreme Council. Trial Judgment July 19, 2007:
guilty, 50 years single term of imprisonment. Appeal Judgment February 22,
2008: guilty, 50 years single term of imprisonment.
Brima
Bazzy Kamara (a.k.a. Ibrahim Bazzy Kamara, Alhaji Ibrahim Kamara), senior
member of the AFRC, Junta and AFRC/RUF forces, member of the Junta Governing
Body, the Supreme Council. Trial Judgment July 19, 2007: guilty, 45 years
single term of imprisonment. Appeal Judgment February 22, 2008: guilty, 45
years single term of imprisonment.
Santigie
Borbor Kanu (a.k.a. 55, five-five, Santigie Khanu, Santigie Kanu, S.B. Khanu,
S.B. Kanu, Santigie Bobson Kanu, Borbor Santigie Kanu), senior member of the
AFRC, Junta and AFRC/RUF forces, member of the Junta Governing Body, the
Supreme Council. Trial Judgment July 19, 2007: guilty, 50 years single term of
imprisonment. Appeal Judgment February 22, 2008: guilty, 50 years single term
of imprisonment.
CDF trial
Samuel
Hinga Norman, National Coordinator of the Civil Defense Forces (CDF) and
Commander of the Kamajors, first in command. Died February 22, 2007.
Moinina
Fofana, National Director of War of the CDF, second in command. Trial Judgment
October 9, 2007: guilty on several counts, 6 years total term of imprisonment.
Appeal Judgment May 28, 2008, guilty on several counts, 15 years total term of
imprisonment.
Allieu
Kondewa (a.k.a. Allieu Musa) High Priest of the CDF, directly answerable to
Samuel Hinga Norman. Trial Judgment October 9, 2007: guilty on several counts,
8 years total term of imprisonment. Appeal Judgment May 28, 2008, guilty on
several counts, 20 years total term of imprisonment.
RUF trial
Issa
Hassan Sesay (a.k.a. Issa Sesay), senior officer and commander in the
Revolutionary United Front (RUF), Junta, and AFRC/RUF forces. From 1993-1997
RUF Area Commander. From 1997-1999 RUF Battle Group Commander, subordinate only
to Sam Bockarie (RUF Battle Field Commander), Foday Sankoh (Leader RUF) and
Johnny Paul Koroma (Leader AFRC). During the AFRC regime, member of the Junta
Governing Body. In 2000, RUF Battle Field Commander, subordinate only to Foday
Sankoh and Johnny Paul Koroma. Trial Judgment February 25, 2009: guilty on 16
counts, sentenced to 52 years of imprisonment. The Appeals Chamber upheld the
sentence on October 26, 2009.
Morris
Kallon (a.k.a. Bilai Karim), senior officer and commander in the RUF, Junta,
and AFRC/RUF forces. From 1996-1998 RUF Deputy Area Commander. From 1998-1999
RUF Battle Field Inspector, subordinate only to Issa Sesay (RUF Battle Group
Commander), Sam Bockarie (RUF Battle Field Commander), Foday Sankoh (Leader
RUF) and Johnny Paul Koroma (Leader AFRC). During the Junta regime member of
the Junta Governing Body. In 2000, RUF Battle Group Commander. From June 2001
Battle Field Commander, subordinate only to Foday Sankoh and Johnny Paul
Koroma. Trial judgment February 25, 2009: guilty on 16 counts, sentenced to 40
years imprisonment. The Appeals Chamber upheld the sentence on October 26,
2009.
Augustine
Gbao (a.k.a. Augustine Bao), senior officer and commander in the RUF, Junta,
and AFRC/RUF forces. From 1996-1998 senior RUF Commander in Kailahun District,
subordinate only to the RUF Battle Group Commander, the RUF Battle Field
Commander, Foday Sankoh (Leader RUF) and Johnny Paul Koroma (Leader AFRC). From
1998-2002 Overall Security Commander in the AFRC/RUF forces, subordinate only
to Foday Sankoh and Johnny Paul Koroma. From 1999-2002 also Joint Commander of
AFRC/RUF forces in the Makeni area, Bombali District, subordinate only to the
RUF Battlefield Commander, Foday Sankoh (Leader RUF) and Johnny Paul Koroma
(Leader AFRC). Trial judgment February 25, 2009: guilty on 14 counts, sentenced
to 25 years imprisonment. The Appeals Chamber upheld the sentence on October
26, 2009.
Other indictments by the Special Court for Sierra Leone
The
indictments against Foday Saybana Sankoh, Leader and founder of the RUF, and
against Samuel Bockarie, Commander in Chief of the RUF, were withdrawn on
December 8, 2003, due to the deaths of the two accused.
The
whereabouts and fate of Johnny Paul Koroma (a.k.a. JPK), leader of the AFRC,
are unknown. The indictment against him remains in force.
More about the Special Court for Sierra Leone
Legitimacy/legal competence of the Special Court for Sierra
Leone
- The Special Court has universal jurisdiction to try
crimes against humanity and war crimes.
- The Special Court tries only those accused who
allegedly bear most responsibility for crimes in Sierra Leone from
November 30, 1996. (Article 1(1) of the Statute of the Special Court for
Sierra Leone.
- Accused person’s position (Head of State) does not bar
jurisdiction for crimes against humanity or war crimes. (Article 6(2) of
the Statute of the Special Court for Sierra Leone).
Personal jurisdiction of the Special Court
The
personal jurisdiction of the Special Court refers to its power to prosecute
only “those who bear the greatest responsibility” for the grave
crimes committed in Sierra Leone from November 30, 1996. The prosecutor of the
Special Court has defined the phrase “bearing the greatest responsibility” to
mean those individuals who served as major commanders in the various fighting
factions. While many individuals might have been involved in the conflict in
Sierra Leone, it is left with the prosecutor to determine who falls in the
category of “those who bear the greatest responsibility.” The statute of the
court provides that the official position of an individual, whether as head of
state, will not stop the prosecutor from bringing charges against him. While
many heads of states have been linked with the conflict in Sierra Leone, such
as Presidents Ahmed Tejan Kabbah of Sierra Leone, Blaise Campore of Burkina
Faso, Muamarr Ghadafi of Libya, or Lansana Conteh of Guinea, it is the
prosecutor’s duty to determine where the evidence leads him. In this case, the
prosecutor determined that the evidence led him to Mr. Taylor.
Temporal jurisdiction of the Special Court
The
temporal jurisdiction of the Special Court refers to its power to prosecute
only those crimes committed from November 30, 1996. While
the court can hear evidence of crimes committed prior to November 30, 1996, it
cannot find an accused guilty of any such crimes committed prior to that
cut-off date. During Mr. Taylor’s trial, many witnesses have testified about
events which took place prior to November 30, 1996, in which they alleged that
Mr. Taylor was involved. While the prosecution can argue that these issues will
build the foundation for the main charges against Mr. Taylor, the judges will
not find him guilty based on any activities that occurred prior to November 30,
1996.
Territorial jurisdiction of the Special Court
The
territorial jurisdiction of the Special Court refers to its powers to prosecute
individuals only for crimes committed in the “territory of Sierra
Leone.” While the Special Court can indict and prosecute persons other
than Sierra Leoneans, such prosecutions would only be for crimes committed in
the territory of Sierra Leone. During the trial of Mr. Taylor, many witnesses
have spoken about events which took place in Liberia. The court, however, will
only consider those events that took place in Sierra Leone or those events that
took place in Liberia but were directly a part of the events taking place in
Sierra Leone. For example, if a witness testifies about a meeting in Liberia
relating to RUF activities, where Mr. Taylor was present, then such issues will
be considered as part of events in Sierra Leone. Or if a witness testifies
about arms or diamond trade in Liberia, but which were meant to impact the war
in Sierra Leone, those issues will be considered as part of the evidence
relating to the war in Sierra Leone. Other than that, if a witness testifies
about how the NPFL fought in Liberia or how NPFL commanders were killed in
Liberia, they will not form the basis of conviction for the conflict in Sierra
Leone