Freetown Seminar on Implementation of the Rome Statute for the ICC, 11-15 December 2006

REPORT FROM THE PREPARATORY SEMINARS FOR THE FREETOWN SEMINAR ON IMPLEMENTATION OF THE ROME STATUTE FOR THE ICC

Introduction

The indictment arrest and eventual transfer of former Liberian President Charles Taylor to the International Criminal Court facilities in The Hague for trial generated much controversy in Sierra Leonean Civil Society. This controversy centred on the role of the ICC in the trial of Charles Taylor by the Special Court for Sierra Leone in The Hague. To promote understanding of the differences and similarities between the SCSL and the ICC as they relate to the upcoming trial of Charles Taylor, Manifesto 99, with technical knowledge support from No Peace Without Justice, an International NGO working on International Criminal Justice issues conducted a series of regional Seminars/Workshops in all regions of the country.

With the trial of Charles Taylor slated to begin in the early part of 2007, it became even more imperative that Civil Society becomes more informed about the role of the International Criminal Court in the process. The transfer of Charles Taylor to The Hague had resulted in heightened public and Media interest in the relationship between the Special Court for Sierra Leone and the International Criminal Court.

The seminars engaged Civil Society and Human Rights organizations in resolving the misunderstanding generated by Charles Taylor’s transfer to the Hague and sought to promote understanding of the ICC as part of the Special Court for Sierra Leone’s contribution to legacy in the promotion of the Rule of Law and accountability in Sierra Leone, Human Rights and International Humanitarian Law and the role of Civil Society in the Justice Sector.

The objectives of the seminars included:

Inform and educate Civil Society on the current status of the Taylor trial in The Hague
Inform and educate Civil Society actors on current issues of International Criminal Justice
Engage Civil Society in the broader debate on the purposes of International Criminal Justice and the International Criminal Court.
Engage Civil Society on the need to have as an enduring legacy domestic laws that can enable our National Courts to prosecute International Crimes contained in the statute of the Special Court.
Engage and encourage Civil Society to actively participate in the ongoing campaign for the domestication of the Rome Statute of the International Criminal Court.

The Seminars

The three regional seminars lasting two-days each started from the 28^th-29^th November for the Northern Region including Kono district at the Pastoral Centre in Makeni, 30^th November – 1^st December in Bo for the Southern region including Kenema and Kailahun districts, and 5^th –6^th December at the Presidential Lounge, National Stadium for the Western Urban and Rural Areas. The seminars attracted a total of 250 participants drawn from a diverse range of organizations and institutions including Human Rights and Civil Society organizations.

Day 1 of the seminars was dedicated to the current status of the Taylor trial, reasons and justification for his transfer to The Hague and Civil Society participation in Outreach activities on the Taylor trial. Day 2 was dedicated to discussions on the ICC as it relates to the legacy themes of the Special Court, the nature and scope of state obligations and the elements of crimes contained in the Rome statute. These were followed by focused discussions in smaller working group each assisted by a facilitator.

The seminar took the format of presentations, discussions, question and answer sessions and group work. Presentations by facilitators included Establishment of the SCSL and the ICC, and an introduction to International Law and International Humanitarian Law, given that both courts found their bases within International Law, while the group works entailed the similarities and differences between the SCSL and the ICC, and the Legacy of the Special Court for Sierra Leone.

Aspects Rome Statute of the ICC covered during the presentation included:

v The Preamble

v Article 3 - Seat of the Court

v Articles 5, 6, 7, 8 – Jurisdiction

v Article 11 - Temporal jurisdiction

v Article 14 - Referral

v Article 15 - Prosecution

v Article 24 - Non-retroaction

v Article 25 - Individual Criminal Responsibility

v Article 26 - Age Limit

v Article 27 - Official Capacity

v Article 28 - Command Responsibility

v Article 29 - Limitations

v Article 67 - Rights of the Accused

v Article 98 - Waiver of immunity

State obligations, privileges and immunities

Aspects of Special Court Statute covered were:

v Article 10 - Agreement

v Rule 4 - Rules of Procedure and Evidence

v Article 6 - Statute of the SCSL

v Article 17 - Rights of the Accused

The sessions were well-attended and stimulated thought provoking discussions on not only materials presented but also issues such as the inclusion of International Crimes into the laws of Sierra Leone to enhance accountability and sustainable peace.

Questions/Issues Raised

Why is Taylor taken to The Hague?

Were the military taught about International Humanitarian Law?

If a country is not a party to the IHL and its citizens violate the IHL, are they liable to persecution?

Was there any treaty signed between Belgium and Sierra Leone?

Can you say Sierra Leone’s conflict is an internal armed conflict by indicting Charles Taylor former President of Liberia?

What are the circumstances that led to the removal of Charles Taylor from Sierra Leone to The Hague?

Will the trials in The Hague be made public to the people of Sierra Leone?

Will Taylor be tried by the ICC or by the SCSL in The Hague?

Is the SCSL paying for the use of ICC facilities?

Who pays the security forces of the SCSL?

Will the witnesses of both Defence and Prosecution be going to The Hague?

Do the indictments have limitations?

You said the Court is not funded by the United Nations, what happens if the Court runs out of money and the cases are still pending?

What will happen to the indictees that are at large when the SCSL would have completed their work? Will the ICC try them if they are arrested later?

Is the subject matter jurisdiction of the ICTR the same as the SCSL?

Why do you think Ghana refused to arrest Charles Taylor and hand him over to the SCSL?

If an indictee is to escape and go to another country is it in place for that country to arrest and turn that indictee over?

Is there any provision in the statute of the ICC that is meant for arms manufacturers?

Is it possible for a state to back out of Article 98 agreement with the USA?

Why is the ICC referred to as the International Criminal Court? Is it because whoever is arraigned before the ICC is a criminal?

Can a country that is not a state party refer its case to the ICC?

Don’t you think the AFRC indictees have senior officers in rank?

Does chapter 7 of the UN cover the arrest of Charles Taylor?

Did the SCSL go through Interpol for the arrest of Taylor? If so, why did Ghana fail to arrest Taylor?

We learnt that some indictees do not recognize the Court’s jurisdiction. If so why are they still tried by the Court?

Why was Taylor not indicted by the ICC?

If Taylor is going to be tried for crimes committed in Sierra Leone why is he taken to The Hague after CDF and AFRC are tried here?

Why is the Court not handing out the death penalty?

Why were the followers of Hitler sentenced to death?

Why did the Court not indict SLA and ECOMOG?

Why is the head of Government not arrested but the Deputy Defence Minister and Coordinator of CDF?

Does crime of Genocide mean killing the victims?

Is it obliging to refuse bad orders coming from your superior?

Can the agreement between the USA and Sierra Leone regarding Art.98 of the ICC be reversed?

With regards to Art.98 agreement is it reciprocal?

Why did Belgium bring charges against Hussein Habre and not the ICC?

What is the difference between indictment and warrant?

How can it be possible for prosecution and defence witnesses to operate when the trials of Taylor are held away in The Hague?

Does the absence of Mr. Crane have an effect on the prosecution in the Court?

What will happen if another Prosecutor does not find any case for the indictment of Sam Norman

What if somebody is to go to the prosecution and say he committed all the crimes will he be indicted?

Is it possible for the prosecutor to amend a charge against an indictee?
Do you deem the TRC a success or a failure?

Why was President Kabbah not allowed to testify before the SCSL?

If any of the indictees are found guilty will they serve their jail term in the detention centre?

What will be the fate of the witnesses when the court would have completed its work?

Groupwork

Groupwork exercise and presentations were done by the participants on the legacy of the Special Court for Sierra Leone (SCSL) so as to solicit participants opinion on what legacy they think the Special Court will leave behind in Sierra Leone at the end of its work. The presentations included:

Legacy of the SCSL

v The entire court structure should be left and also be used for subsequent UN tribunals

v Most important elements of the International Humanitarian Law would have been domesticated

v Enhanced the capacity of Sierra Leonean Judges and Lawyers to try subsequent war crimes suspect

v Enhanced the capacity of law enforcement agencies and improve detention facilities

v More Judges and Magistrates would have been trained

v Improve facilities of law school thereby increasing the intake

v Train outreach for sustained sensitization at Chiefdom level

v The court to leave a resource center on its past activities

v Commemoration fund/project for war victims

v The culture of maintenance of the Special Court building to be maintained.

v To train and strengthen the judicial system to be independent, impartial and to apply the principle of equality

v To domesticate the Int. crimes of the court so that we can be able to arrest and try any body who commits crimes against Humanity

v To set up a victims commemoration fund to serve the war affected amputees and other seriously wounded war victims

v The independence of the judiciary to be maintained that is to separate the ministry of justice and that of the Attorney General

v The idea of Transparency and accountability to continue

v Respect the rights of indictees and the abolition of the death penalty

v Introduction of War Crimes, Crimes Against Humanity, International Humanitarian Law teaching and lectures into schools and colleges curriculum for students to become more informed and to acquaint them with the issues so that history will not repeat itself

v To strengthen and capacitate Civil Society Organizations on legal issues of the Special Court

v To achieve all the objectives of the Special Court, the UN should set up a Trust Fund for the sustenance of the Special Court so that the court will continue to serve as deterrent for those who might want to commit Crimes Against Humanity in Sierra Leone and the sub-region.

v Images of the Special Court symbol be made and placed at strategic location of every district headquarter and the National Museum

v To serve as a remembrance that Justice has been done in this state