Click to go Home
Page 3 of 5

One of the major advantages of the Special Court over the standing UN Tribunals is that, security permitting, it will be located in Sierra Leone. The ICTY's proceedings in The Hague, and ICTR's proceedings in Arusha have made it nearly impossible for ordinary Bosnians and Rwandans to follow the Tribunals' cases. Not surprisingly, the Tribunals' rulings have had little impact on the wars' victims, whom the courts are allegedly supposed to serve. Because Sierra Leone's Special Court will be located in country, it will be much easier for victims to follow the court's proceedings. At the same time, diplomats hope the court's location will facilitate the diffusion of legal knowledge from international to local judicial officials, which will assist in rebuilding the country's judicial system. In fact, the Security Council resolution explicitly notes the "pressing need for international cooperation to assist in strengthening the judicial system of Sierra Leone."

However, one potential drawback is that, because it is not directly established by the Security Council, the court cannot assert primacy over the national courts of third states. As a result, it will lack the authority to order the surrender of an accused residing outside of Sierra Leone. Although many war crimes suspects, including Sankoh, are already in custody in Sierra Leone, others have fled to Liberia and other West African states. To resolve this problem, the Secretary-General recommended that the Council endow the court with the power to request the surrender of suspects in third states.

The absence of a Chapter VII mandate will also prevent the court from extending its jurisdiction to prosecute war crimes now being perpetrated in neighboring Guinea. In September, militias armed and trained by President Charles Taylor of Liberia, the same leader who supported the RUF, began massacring civilians in yet another brutal campaign. To date, about 600 people have been killed and 60,000 forcefully expelled from their homes. Intelligence analysts fear that the region is headed towards full-blown war. Although a UN tribunal with a Chapter VII mandate might have been able to prosecute these crimes, the Special Court will be limited to atrocities committed in Sierra Leone.

Another potential problem for the Special Court concerns its funding. Institutions created by the Security Council, such as the previous Tribunals, are funded by scaled assessments in which each country’s contribution is proportionate to its size and wealth. However, because it will not be directly established by the United Nations, the Sierra Leone court will be financed through voluntary contributions. In his report, the Secretary-General warned against voluntary contributions, arguing it would render the court "neither viable nor sustainable," and recommended it be financed through assessed contributions. Security Council members refused, and in a compromise reached in January, the Secretary-General suggested establishing the court once it had received funds and pledges to cover the first three years of its operation. It is not clear however, how long it will take to gather the estimated $70 million plus needed for three years, leaving the date for the court’s establishment up in the air.
continued
<<previous|1|2|3|4|next>>