But
the most pressing challenge for the court and the pursuit of justice
is that hostilities are still taking place. The draft agreement
instructed the court to prosecute crimes committed since November
30, 1996, the signing of the Abidjan Accords, the first comprehensive
peace agreement between the Sierra Leone government and the RUF. Because
the conflict continues, no closing date was stipulated. This will
place it in a similar position as the ICTY when it was established
in the midst of the Bosnian war in 1993, which made it difficult for
investigators and prosecutors to gather evidence and build cases against
suspected perpetrators.
The ICTY only became effective when the international community ended
the war in Bosnia with a massive bombing campaign and the Dayton Accords.
Although another ceasefire was signed in November between the Sierra
Leone government and RUF, the rebels refuse to give up the wealthy
diamond areas and are still terrorizing civilians. Western governments
are still trying to stop the fighting. The British recently began
preparing the Sierra Leone army for an offensive against the RUF.
In the twilight of his administration, US President Bill Clinton sent
hundreds of troops to Nigeria to train West African battalions for
participation in the UN mission in Sierra Leone. Still, decisive intervention
to end the war seems unlikely. General Colin Powell’s appointment
as Secretary of State will no doubt spur a review of American policy
in Sierra Leone, and from recent reports he has a keen interest in
African affairs. Powell has already backtracked on earlier threats
to withdraw American troops from Bosnia and Kosovo, suggesting that
the Powell doctrine on intervention, both military and legal, will
most likely be a work in progress. Whether or not he decides to take
action to end the conflict in Sierra Leone remains to be seen, but
continued fighting will no doubt hinder the progress of Sierra Leone’s
war crimes court.
Michelle
Sieff, a PhD candidate in the Political Science Department at Columbia
University, is writing her dissertation on state responses to mass
atrocity in Africa.
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