Freetown Seminar 2006

Speech of the Honourable Attorney-General and Minister of Justice, Frederick Carew

delivered by the Director of Public Prosecutions, O.V. Robbin-Mason

 

Distinguished guests

Ladies and Gentlemen

I would like to thank the organisers, No Peace Without Justice, Manifesto 99 and The Commonwealth Secretariat for inviting me to open this Seminar on Implementing Legislation for the International Criminal Court. The topic of International Criminal Justice and accountability is an area which is close to the heart of all Sierra Leoneans, for obvious reasons. It is therefore no surprise to see so many of you here to meet, share ideas and discuss strategies to improve Sierra Leone’s cooperation with the ICC and ultimately strengthen international accountability.  I am heartened by your presence and congratulate you on your commitment to these issues.

As you are all aware, the International Criminal Court is now a reality. Today there are 104 States Parties. The ICC has grown from an ideological concept in the minds of a few, to a global model of international conscience and criminal accountability. Just last month, the Pre-Trial Chamber of the ICC has been holding the first ever charges against the first ever defendant for the International Criminal Court. This decision and the move towards a trial marks the next step towards a globally responsible international community.

As a Sierra Leonean, and as a member of the Sierra Leone Government that was a driving force behind this since the very beginning, I am particularly proud of this international achievement.

Sierra Leone has played an instrumental role in fostering a global community in which international accountability has become an accepted and recognised element to peace and stability. After all, and as the name of one of the organisers of this event proclaims, there can be no peace without justice.

In 2002 the Government of Sierra Leone signed an agreement with the United Nations establishing the Special Court for Sierra Leone.  Now, nearly 5 years later, our experience gives hope to victims everywhere that one day, they may also have accountability for the wrongs committed against them.  This is the silver lining in the dark clouds of tragedy that hung over our country for too long.  Now, thanks to the hard work of everyone involved with this process, the Special Court continues to set examples administrative, legal and judicial excellence, setting high standards of equality, accountability and fairness and establishing the principle that engaging the people most affected by their work is a core non-judicial function of any international justice institution.

In addition to unwavering support for the Special Court, the Government of Sierra Leone has been instrumental in the global thrust towards the establishment of the International Criminal Court. Sierra Leone was among the first States to demonstrate its firm support for the court when His Excellency The President, Alhaji Dr Ahmad Tejan Kabbah, deposited our instrument of ratification on the 15th of September 2000.  Sierra Leone was the first Vice President of the ICC’s Assembly of States Parties, a task ably fulfilled by Ambassador Allieu Kanu, and led the way in many of the preparatory discussions for the Court’s supporting documents.

Sierra Leone has made good on this initial commitment.  We have constantly been at the forefront of debate on the ICC and have never wavered in doing what we can to ensure the Court’s success. Last month at the Assembly of States Parties in The Hague, Ambassador Kanu delivered a speech reaffirming Sierra Leone’s commitment to the ICC and demonstrating to the international community that Sierra Leone and her people believe in justice, truth and accountability.

We should be proud that the world has come so far since the evening of the 17th of July 1998, where, at a conference in Rome, 120 UN Member States said yes to the establishment of an International Criminal Court. In a closing address to that Rome Conference, the Sierra Leone representative Ambassador Foday Dabor, noted that “The success of the Statute (and ultimately the Court) would depend on state cooperation”. That sentiment is as true today as it was then. In all of its activities, the Court relies on international cooperation, in particular from States.  The question, therefore, is what form should that cooperation take and how can we ensure that States are able to fulfil their obligations?  And this is a question that you are here to answer this week.

The Rome Statute itself was designed around the principle of complementarity. The Preamble of the Rome Statute recognises that the Court itself is but a last resort for bringing justice to the victims of genocide, war crimes, and crimes against humanity. It therefore calls upon all States to take measures at the national level and enhance international co-operation to put an end to impunity, and reminds States of their duty to exercise criminal jurisdiction over those responsible for such crimes. Thus, the Rome Statute assigns the Court a role that is complementary to national systems.  This is the cornerstone of the whole system of international criminal justice and it is only right that the ICC is built on the recognition that it is States that must address wrongdoing in their own societies, as we did with the Special Court for Sierra Leone.

Co-operation is unquestionably required in order to realise fully the role ICC with respect to the principle of complimentarity. But when we speak of cooperation and the ICC, what we are really talking about is cooperation with the ICC.  And the obligations and need for cooperation extend well beyond the countries where investigations are taking place.  The ICC will require the same level of commitment and cooperation from its States Parties that the Special Court has received from the Government of Sierra Leone. This could include assisting with investigations, arresting persons wanted by the Court, providing evidence for use in proceedings, relocating witnesses, and enforcing the sentences of convicted persons. These are obligations and the fulfilment of those obligations is crucial to enable the ICC to carry out the functions and the mandate entrusted to it and to achieve success for this and future generations around the world. 

Against this background, it is imperative to ensure that there is national legislation to provide a proper legal basis for national prosecutions of crimes under international law and to put in place mechanisms for general cooperation with the ICC. This obligation is perhaps more relevant here in Sierra Leone, given that the adoption of national legislation is required for international treaties to have effect.   The Government of Sierra Leone fully recognises this need and let me assure you here today that the Government of Sierra Leone intends to fulfil its obligations by proposing legislation to Parliament, which we are confident will find favor with parliament and the country at large, particularly given your input here this week.

As I stand here and deliver this opening address I look out on this hall and can see the future of international criminal justice: you. We are all members of the international community and you, as Sierra Leoneans, have an example to set. You are all here today as a result of your individual commitment to justice and accountability, please allow me to thank you all for your dedication to these important issues and wish you a fruitful debate.  I am confident that your thoughts, your ideas and your recommendations will prove invaluable in the development of what is undoubtedly an essential statutory instrument.

As I have said before, Sierra Leone has always been steadfast in our belief in justice and has acted as a leading light in the global struggle towards international accountability. The next step is, at least in part, in your hands. Through this seminar and with your help, the people of Sierra Leone can continue to bear proudly the torch of international justice and light the way for national support and definitive cooperation with the International Criminal Court.

I thank you for your attention and take this opportunity to declare this seminar officially opened.