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Thursday, April 26, 2012

The Crimes


It was a big, historic day for Liberia, West Africa, and the world as the verdict against Charles Taylor was read at the Special Court for Sierra Leone, some 3000 miles away in the Netherlands. Most of Monrovia tuned in, via radio and television, to hear the Judge read out the entire summary. The city was calm yet agitated, as people rushed to cluster around the nearest news outlet, and a few took to the streets. 


It was not exactly a sound-bite friendly format: the reading of the summary judgement took more than two hours, without the single-second drama of an OJ Simpson-style jury statement. I don't know how anticipated this was, but only the BBC and Al Jazeera covered the event live, and even they broke occasionally when the Judge took a sip of water to continue reading the 40+ page decision. 


Despite the court's dry tone and lengthly speech, the review of the case of striking, as it took more than a quarter of an hour just to read the charges against Taylor: with categories of crime, dates, times, brief descriptions of various events. If have copied that portion of the transcript of today's session below. 


In newspaper coverage of the trial, the list of the accusations, when rattled off, is so vast and vague that the real events they are based on can be forgotten. And while the summary does not detail the tens of thousands of pages of testimony and transcripts that the Judges reviewed, it does reference enough context to remind us that these charges are the result of specific acts of violence and inhumanity. 


In the wake of Taylor's guilty verdict, in which not all of the prosecution's case was proven, it is no longer about Charles Taylor, the single man. The list below recounts hundreds of individual and collective horrors, whole classes of atrocities which occurred countless times to thousands of people. What number of homes and businesses were looted? How many were burned down, and how many people were inside? In total, many murders relate to the following list? How many rapes? How many were in public? What was the final count on the number of amputations? In the end, how many young people had been coerced, drugged, fooled or forced into soldiering or slavery? How many escaped and were sent back, their fate sealed? When does a rape victim become recategorized as a sex slave? 


How many lives did this war destroy? These were the thoughts running through my mind before the judge asked Charles Taylor to stand and learn his fate. 


MURDER, a Crime Against Humanity, punishable under Article 2.a. of the Statute. (Count 2) and/or
VIOLENCE to Life, Health and Physical or Mental Well-Being of Persons, in particular MURDER, a Violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II , punishable under Article 3.a. of the Statute (Count 3)
16. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance, and/or Liberian fighters, murdered civilians in various locations in the following districts of Sierra Leone:
  1. In Kenema District between about 25 May 1997 and about 31 March 1998.
  2. In Kono District between about 1 February 1998 and about 31 January 2000.
  3. In Freetown and the Western Area between about 21 December 1998 and 28 February 1999.
    20. In Kailahun District between about 1 February 1998 and about 30 June 1998.
RAPE, a Crime Against Humanity, punishable under Article 2.g. of the Statute
(Count 4)
21. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance, and Liberian fighters committed widespread acts of rape against women and girls in various locations in the following districts of Sierra Leone:
  1. In Kono District between about 1 February and about 31 December 1998.
  2. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999.
    24. In Kailahun District in 1998 and 1999 women and girls were raped in various locations which were not charged in the Indictment. The Trial Chamber makes no finding of guilt for these crimes for reasons fully set out in the written judgement.
SEXUAL SLAVERY, a Crime Against Humanity, punishable under Article 2.g. of the Statute (Count 5)
25. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that between about 30 November 1996 and about 18 January 2002, members of the RUF, AFRC, AFRC/RUF Junta or alliance and Liberian fighters committed widespread acts of sexual slavery against civilian women and girls in Sierra Leone in various locations in the following districts of Sierra Leone:
  1. In Kono District between about 1 February 1998 and about 31 December 1998.
  2. In Kailahun District in 1998 and 1999.
  3. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999.
OUTRAGES UPON PERSONAL DIGNITY, a Violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.e. of the Statute (Count 6).


29. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance and Liberian fighters committed widespread acts of outrages upon the personal dignity of civilian women and girls by acts such as forcing them to undress in public and by raping them and committing other acts of sexual abuse sometimes in full view of the public, and in full view of family members, in various locations in the following districts of Sierra Leone:
  1. In Kono District between about 1 February 1998 and about 31 December 1998;
  2. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999;
32. In Kailahun District in 1998 and 1999 outrages upon personal dignity were committed against women and girls in various locations not charged in the Indictment. The Trial Chamber makes no finding of guilt for these crimes for reasons fully set out in the written judgement.


VIOLENCE to life, health and physical or mental well-being of persons, in particular CRUEL TREATMENT, a Violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.a. of the Statute (Count 7); and/or
OTHER INHUMANE ACTS, a Crime Against Humanity, punishable under Article 2.i. of the Statute (Count 8)


33. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance, and Liberian fighters committed widespread acts of physical violence against civilians in various locations in the following districts of Sierra Leone:
34. In Kono District between about 1 February 1998 and about 31 December 1998, civilians were forced to endure cruel treatment including having words carved into their bodies, and amputations of limbs.
35. In Kailahun District, crimes of physical violence were committed not charged in the Indictment. The Trial Chamber makes no findings of guilt for these crimes for reasons fully set out in the written judgement.
36. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999 civilians were subjected to cruel treatment, including the amputations of limbs.

CONSCRIPTING OR ENLISTING CHILD SOLDIERS INTO THE ARMED FORCES OR USING THEM IN HOSTILITIES, and Other Serious Violations of International Humanitarian Law, punishable under Article 4.c. of the Statute (Count 9)


37. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that between about 30 November 1996 and about 18 January 2002, members of the RUF, AFRC, AFRC/RUF Junta or alliance and Liberian fighters conscripted and enlisted children under the age of 15 into their armed groups and used them to participate actively in the hostilities in the following districts of Sierra Leone:
38. In Tonkolili District, children under the age of 15 were abducted and conscripted into the RUF at Kangari Hills from early 1996 until May 1997. Between 500 and 1000 children had “RUF” carved into their forehead or back to prevent escape.
39. In Kailahun District, children under the age of 15 were conscripted into the RUF throughout 1998 and 1999, and underwent military training at Bunumbu training base, also known as “Camp Lion”, and at Buedu Field.
40. In Kono District during the Indictment period, children under the age of 15 were conscripted into the RUF and AFRC at various locations and were used to participate actively in hostilities and to amputate limbs, guard diamond mines, go on food-finding missions, as bodyguards, to man checkpoints and in armed combat.
41. In Bombali District, children under the age of 15 were conscripted into the RUF and AFRC between 1998 and 2000, underwent military training at various locations and participated actively in hostilities.
42. In Port Loko District between January 1999 and April/May 1999, a child under the age of 15 was abducted, conscripted into the AFRC and used for active participation in hostilities in Masiaka.
43. In Kenema District during the Junta period, children under the age of 15 were used as armed guards for mining sites.
44. In Koinadugu District between March and May 1998, children under the age of 15 were used to participate actively in hostilities and at least one child under the age of 15 was used to fight against the Kamajors.
45. In Freetown and the Western Area, children under the age of 15 were used to participate actively in hostilities in Benguema from the end of January until March 1999 and during the Freetown attack in January 1999.


ENSLAVEMENT, a Crime Against Humanity, punishable under Article 2.c. of the Statute (Count 10)
46. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that between 30 November 1996 and about 18 January 2002, members of the RUF, AFRC, AFRC/RUF Junta or alliance and Liberian fighters intentionally exercised powers of ownership over civilians by depriving them of their freedom and forcing them to work, thus committing the crime of enslavement in various locations in the following districts of Sierra Leone:
47. In Kenema District between about 1 July 1997 and about 28 February 1998, civilians were abducted and forced to mine for diamonds.
48. In Kono District throughout 1998 and 1999, civilians were abducted and used as forced labour to carry loads, perform domestic chores, go on food-finding missions, undergo military training, and work in diamond mines.
49. In Kailahun District between 30 November 1996 and July 2000 civilians were abducted and used as forced labour to carry loads, collect arms and ammunition, construct the Buedu airstrip, undergo military training, farm, fish, perform domestic chores and go on food-finding missions.
50. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999, civilians were abducted and used as forced labour to carry loads, perform domestic chores and destroy a bridge.

PILLAGE, a Violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.f. of the Statute (Count 11)
51. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance, and Liberian fighters, engaged in widespread and unlawful taking of civilian property in various locations in the following districts of Sierra Leone:
52. In Kono District, between about 1 February 1998 and about 31 December 1998, civilian goods were looted, money and diamonds were looted from a bank and, as part of ‘Operation Pay Yourself’, civilian homes and shops were looted.
53. In Bombali District, numerous instances of looting of civilian property occurred between 1 February 1998 and 30 April 1998. Money from a bank was also looted.
54. In Port Loko District between 1 February 1998 and 30 April 1998 there were numerous instances of looting of civilian property as part of Operation Pay Yourself.
55. In Freetown and the Western Area between about 21 December 1998 and about 28 February 1999, widespread looting of civilian property from residences and businesses occurred.


ACTS OF TERRORISM, a Violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II, punishable under Article 3.d. of the Statute ( Count 1)
56. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that members of the RUF, AFRC, AFRC/RUF Junta or alliance, and Liberian fighters committed acts of terrorism by committing the crimes described in counts 2 to 8 as part of a campaign to terrorize the civilian population of Sierra Leone.
57. There was evidence in the crimes described in counts 2 to 8 of public executions and amputations; people were beheaded and their heads displayed at checkpoints; during “Operation No Living Thing,” during the Junta Period in Kenema Town, a civilian was killed in full public view and then his body was disembowelled and his intestines stretched across the road to make a “checkpoint”; women and girls were raped in public; people were burned alive in their homes. The Trial Chamber finds beyond reasonable doubt that the purpose of these atrocities charged in counts 2 to 8 was to instil terror in the civilian population.
58. However, some acts of violence, even when committed in a campaign whose primary purpose was to terrorise the civilian population, may not have been committed in furtherance of such a campaign. The Trial Chamber finds that this is the case with the acts of violence underlying the crimes of Child Soldiers (Count 9), Enslavement (Count 10), and Pillage (Count 11). The Trial Chamber therefore finds that the crime of acts of terrorism has not been established for these counts.
59. The Trial Chamber also finds that the Prosecution has proved beyond reasonable doubt that acts of terrorism were committed by the widespread burning of civilian property with the primary purpose of terrorizing the civilian population in various locations in Kono District between about 1 February 1998 and about 31 December 1998, and in various locations in Freetown and Western Area between about 21 December 1998 and February 1999. 

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