International Criminal Law
398
the ink dried on the Peace Agreement, than fighting on an even larger scale broke out
again. The new circle of violence culminated in a
coup d’etat
orchestrated by theArmed
Forces Revolutionary Council (AFRC), an ally of the RUF, which seized power over
the greater part of Sierra Leone on 25 May 1997.
2
In an attempt to take control of the
capital Freetown a combined force of AFRC/RUF forces launched a military
operation which was marked by widespread atrocities against the civilian population,
although serious violations of international humanitarian law had ensued since the
1997 coup, especially mass rape and abduction of women, forced recruitment of
children, mutilations and summary executions.
3
Likewise, during its retreat in
February 1999, RUF forces abducted hundreds of people, particularly young women
who they then proceeded to use as forced labourers, fighting forces, human shields
and sexual slaves.
4
The Lome Peace Agreement, signed on 7 July 1999 by the
democratically elected government of President Ahmed Kabbah, the RUF and the
Special Representative of the UN Secretary General, granted amnesty to RUF
members—although the Special Representative expressly rejected the validity of any
amnesties to international crimes—and set up a Truth Commission to investigate and
document violations in lieu of prosecutions.
5
In further disregard of its commitments
and the rule of law, the RUF resumed attacks against government troops and the
civilian population, and, despite being quickly defeated and its leader captured, RUF
forces had found time to commit yet more widespread atrocities against civilians.
6
The Government of Sierra Leone subsequently asked the UN to establish an
international tribunal to prosecute those responsible for violations of international
humanitarian law during the civil war. On 14 August 2000, the Security Council
instructed the Secretary General to negotiate with Sierra Leone the establishment of
an independent special court, recommending that its subject matter jurisdiction
include crimes against humanity, war crimes and other serious violations of
international law, as well as crimes under Sierra Leonian law committed by ‘persons
who bear the greatest responsibility for [these] crimes’. The resolution requested
the production of a detailed statute. After two rounds of successful negotiations, the
Secretary General presented the Security Council with a report on the creation of a
Special Court, to which both the agreement
7
and the statute
8
were annexed.
Unlike the ICTY and ICTR, the Special Court was established through a treaty
between the UN and the Government of Sierra Leone on 16 January 2002, and not
on the basis of a Security Council resolution. This means that the Special Court lacks
2
Acting under UN Charter, Chapter VII, the Security Council adopted Resolution 1132 on 8 October
1997, demanding that the RUF relinquish power and cease acts of violence, further imposing a general
embargo.
3
See SC Res 1181 (13 July 1998).
4
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