The Foreign Service Journal, October 2003

12 F O R E I G N S E R V I C E J O U R N A L / O C T O B E R 2 0 0 3 Special Court of Sierra Leone on Trial Significant progress has been made by the Special Court for Sierra Leone set up to bring to justice to “those who bear the greatest responsibility for war crimes and crimes against humanity” in the decade-long civil war that tore apart this small diamond-rich nation, states a well-documented briefing issued by the International Crisis Group in August ( http://www.crisis web.org/projects/showreport.cfm? reportid=1076 ). But the report, subtitled “Promises and Pitfalls of a ‘New Model,’ ” also warns that steps must be taken to ensure the court’s legitimacy — both domestic and international. The Special Court ( www.sc-sl.org ) was established in January 2002 in an agreement between the United Nations and the government of Sierra Leone, following a June 2000 request for assistance to the U.N. Security Council by Sierra Leone President Kabbah. By contrast with U.N. tri- bunals for the former Yugoslavia and Rwanda, which have huge budgets, open-ended tenure and are located far from the scene of the crimes, the Special Court has set a three-year term for itself, is funded on a voluntary basis at a total of $60 million, and is located in Freetown, Sierra Leone’s capital. It is meant to be cheaper and faster, and more relevant to the process of rebuilding war-torn Sierra Leone, a possible “new template” for the prose- cution of war crimes, according to a background study by the Crimes of War Project ( http://www.crimesof war.org/onnews/news-sierra2. html ). T he U.S. played a leading role in establishing the court, which began operating in August 2002 and issued its first series of indictments in March 2003. The court’s credibility hinges, in part, on its international authority. In the report, the ICG urges the U.N. Security Council to grant the court a mandate under Chapter VII of the U.N. Charter, which would require all member states to comply with its orders, including indictments and arrest orders. The court’s indictment against former President Charles Taylor of Liberia in early June put the issue on the table. The warrant for Taylor’s arrest, transmitted to Interpol, has yet to be honored by authorities in Nigeria, where Taylor has been grant- ed asylum. The court’s success also depends on domestic legitimacy. Here, according to the ICG, the perceived ‘American- isation’ of the court, the likelihood that it will not try more than 15 to 30 indi- viduals, and perceptions that it is dis- tant from local media are potential problems. Special Prosecutor David Crane, appointed by the U.N. Secretary General, and Chief Inves- tigator Alan White are both U.S. citi- zens and former senior officers in the Department of Defense. Statements by the prosecutor insisting that the crimes under inspection were not about politics but about diamonds, and that “al Qaida is here,” are seen in Sierra Leone as an insinuation of U.S. issues into the court’s work. Background on the crisis in Sierra Leone and the formation of the Special Court can be found at the ICG Web site, in particular, “Sierra Leone: Time for A New Military and Political Strategy” ( http://www.crisisweb.org/ projects/reports.cfm?keyid=21 ). Further discussion of the Special Court and the U.N. role in Sierra Leone can be found at the Global Policy Web site ( www.globalpolicy. org/security/issues/sierra/court/20 01/critique.htm ) an d ( www.global policy.org/security/issues/slindex. htm ). Too Little, Too Late for Afghanistan? Reports are now circulating of a major new boost in U.S. aid to Afghanistan that would sharply increase the American role in securing and rebuilding the country. According to David Rohde’s Aug. 25 report ( www.nytimes.com ), U .S. recon- struction aid is expected to double to $1.8 billion annually, some 70 new staff positions will be added at Embassy Kabul, a dozen senior American officials will work as advisers to Afghan government ministers, four new 120-soldier provincial reconstruc- tion teams will be sent around the country, and police training centers will be built in eight cities with the aim of producing 19,000 newly trained officers by next spring. C YBERNOTES I think all foreigners should stop interfering in the internal affairs of Iraq. — Deputy Defense Secretary Paul D. Wolfowitz, July 21, washingtonpost.com .