Sierra Leone
UN wishes to try Sierra Leone war criminals

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afrol.com, 14 August - Deeply concerned at the serious crimes committed in Sierra Leone against the people of that country and United Nations personnel, the Security Council this morning asked the Secretary-General to negotiate an agreement with the Government of that country to create an independent special court, consistent with a resolution unanimously adopted today. 

By the terms of resolution 1315 (2000), the Council recommended that the subject matter jurisdiction of the special court should include crimes against humanity, war crimes and other serious violations of international humanitarian law. That jurisdiction should also include crimes committed in Sierra Leone under that country's national law. 

The Council further recommended that the special court should have personal jurisdiction over persons who bore the greatest responsibility for the commission of crimes referred to in the resolution. That would include those leaders who, in committing such crimes, had threatened the establishment and the implementation of the peace process in Sierra Leone. 

The resolution also emphasized the importance of ensuring the impartiality, independence and credibility of the requested judicial process, particularly with regard to the status of judges and prosecutors. 

By other terms of the text, the Council asked the Secretary-General to submit a report to it on the implementation of the resolution, particularly on his consultations and negotiations with the Sierra Leonean Government on the establishment of the court, no later than 30 days from today's date. 

The Council also requested the Secretary-General to address in his report the questions of the temporal jurisdiction of the court, an appeals process, and a possible alternative host State, should it be necessary to convene the special court outside of Sierra Leone. 

Situation in Sierra Leone remains volatile
The Secretary-General notes that his previous report contained recommendations on the expansion of UNAMSIL, but he is reviewing the Mission's requirements in light of changing conditions on the ground and the possible adjustments in its mandate under consideration by the Security Council. In view of the need to enable UNAMSIL to fulfill new tasks in Sierra Leone, he intends to submit to the Council in the near future proposals for the Mission's further strengthening, after a thorough assessment of the political and military situation in the country. 

Despite some improvements, the situation has remained dangerous and volatile, he observes. After some setbacks early in May, UNAMSIL has demonstrated its capacity assertively, especially since the successful recent rescue of military observers and troops surrounded by rebels of the Revolutionary United Front (RUF) at Kailahun. Following the failure of intensive diplomatic and political efforts to seek the release of those United Nations personnel, UNAMSIL launched a robust military operation to ensure their security and restore their freedom of movement. 

The report says that the majority of troops engaged in the operation were from the Indian contingent, supported by Ghanaian and Nigerian units, with logistical support provided by the United Kingdom. Nine peacekeepers have been killed during the present crisis in Sierra Leone. Seven are from Nigeria, one from India and one from Jordan. Eight soldiers are still missing. Prior to the rescue operation, the general security situation remained unpredictable owing to continuing RUF attacks on UNAMSIL and on an alliance of pro-government forces consisting of the Sierra Leone Army (SLA), the Civil Defence Force and forces loyal to the former Armed Forces Revolutionary Council (AFRC/ex-SLA). 

According to the report, the Freetown and Lungi peninsulas remained relatively stable owing to the deployment of UNAMSIL, pro-government forces and United Kingdom troops at Lungi. RUF attacks have been carried out mostly in the northern province since the rebels' advance on Freetown was halted in May. Tension and clashes within the pro-government alliance significantly hampered its effectiveness and may have emboldened the RUF to regain territory. 

The Secretary-General welcomes the Security Council's adoption on the resolution prohibiting the worldwide importation of rough diamonds from Sierra Leone, except those with a government certificate of origin, and strengthening the implementation of the embargo against the supply of arms and related materiel to non-government forces. That is an important step towards ensuring that the exploitation of diamonds will benefit the people of Sierra Leone and support its development rather than fuel a destructive civil war. He expects to announce shortly the appointment of the five-person panel established under this resolution, which will collect information on possible violations of the arms embargo and the link between the trade in diamonds and arms. 

Emphasizing the need to remain mindful of mounting tensions along the borders of the three Mano River Union countries - Guinea, Liberia and Sierra Leone - the Secretary-General warns that, if unchecked, those tensions could contribute to the further destabilization of Liberia and cause instability in Guinea, which hosts more than 500,000 refugees from neighbouring countries. The Liberian Government had alleged that Sierra Leone supports Liberian dissidents, and accused Guinea of supporting their recent incursion into northern Liberia. Guinea has denied the accusations and Sierra Leone has alleged that Liberia is arming the RUF. 

According to the report, States members of the Economic Community of West African States (ECOWAS) have been actively seeking a solution to the Sierra Leone crisis, holding several high-level meetings attended by Oluyemi Adeniji, the Secretary-General's Special Representative. In June, the ECOWAS Committee of Six on Sierra Leone, whose task is to facilitate a cessation of hostilities, visited that country, as well as Liberia, where it met President Charles Taylor. Regrettably, the Committee was unable to secure any firm commitments.

Source: UN


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