BY: Mohamed Sahr
After the closure of the Nuremberg trials in Germany from 1945 to 1949 conducted by the International Military Tribunal to prosecute war criminals during World War II, the Residual Special Court Sierra Leone was the second international court established to prosecute and convict individuals who bear the greatest responsibility during the gruesome eleven-years civil war. The effort was to end impunity for grave crimes, including crimes against humanity, recruitment, and use of child soldiers, and the crime of forced marriage.
The United Nations Resolution 75/277 was enforced to protect and prevent genocide, war crimes, ethnic cleansing, and crimes against humanity. This resolution led to the establishment of the Special Court Sierra Leone (SCSL), today known as the Residual Special Court Sierra Leone (RSCSL).
Officially opened in 2002, the special court was the first hybrid court where international and national judges and other personnel worked together. It was also the first court to be financed primarily on voluntary subscriptions from interest states. It was also the first to indict the then-sitting head of state, Charles Taylor, and other individuals.
Johnny Paul Koroma, former leader and chairman of the Armed Forces Revolutionary Council (AFRC), Brima Bazzy Kamara, former military commander of AFRC, and Alex Tamba Brima, former senior military of both AFRC and “West Side Boys” were indicted on different court charges of war crimes. Also, part of these indictees were Sam Hinga Norman, who was the National Coordinator of the pro-government Civil Defence Forces (CDF) and leader and Commander of the “Kamajor” Militia, and Foday Saybana Sankoh, former leader and founder of Revolutionary United Front (RUF).
Apparently, the formation of AFRC led by Johnny Paul Koroma was rooted in various factors, including discontent over the government’s handling of the 1996 peace agreement with the RUF, perceived ethnic discrimination within the Sierra Leone Army, and the release and arming of prisoners from Freetown’s Pademba Road prison.
The AFRC’s alliance with the RUF resulted in a joint rule over Freetown, Sierra Leone’s capital, though their hold on power was relatively short-lived. By the time of the 2002 elections, the AFRC had lost its coherence and effectiveness as an organization, marking a significant turning point in the conflict.
In the same context, the CDF was a paramilitary organization that fought in support of the elected government of Ahmed Tejan Kabbah against the rebel groups Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC).
Members of the CDF were from the “Kamajors” group, known for their belief in magical ways of defending themselves, including rituals to create bulletproof skin. Three leaders of the CDF, Samuel Hinga Norman (head of the CDF), Moinina Fofana (second in command), and Allieu Kondewa (military commander of the CDF), were indicted at the Special Court for Sierra Leone.
Overall, the RUF, which was supported by Charles Taylor of Liberia, gained popularity among Sierra Leoneans who resented the government. However, the group eventually lost support due to its human rights violations and its refusal to disarm in accordance with the Lomé Peace Accord on July 7, 1999.
Despite this, the RUF continued to be a significant force in the conflict, attacking UNAMSIL bases and taking control of towns like Kambia. The group’s leaders were eventually convicted of war crimes and crimes against humanity.
Potentially, the evolution of the Special Court Sierra Leone from an active court to a residual mechanism and its crucial role in safeguarding justice has helped to protect witnesses during testimonies.
HUMAN RIGHTS VIOLATION:
Article 26(1) and (2) of the Truth and Reconciliation Commission (TRC) recommends that the commission shall 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 to facilitate genuine healing and reconciliation.”
It also emphasized that, in the spirit of national reconciliation, the Commission shall deal with the question of human rights violations since the beginning of the Sierra Leone conflict in 1991. The Commission shall, among other things, recommend measures to be taken for the rehabilitation of victims of human rights violations.
However, with all the recommendations in the TRC, especially for war victims and children, today, none of these recommendations, as well as promises, have been adhered to. Victims of human rights violations have lost hope in both past and present governments due to their neglect.
The writer implores the government and local and international Non-Governmental Organizations across the country to seek welfare and equal opportunities for these war victims, especially women and children.
