April 18, 2006

Ask Amnesty Online Discussion Series: Globalizing Justice

Amnesty International welcomes the surrender of former Liberian President Charles Taylor to the Special Court for Sierra Leone where he will face trial on eleven counts of war crimes and crimes against humanity. His case highlights a number of issues that human rights institutions grapple with in attempting to bring justice to situations of armed conflict, including the use of child soldiers, crimes of sexual violence, and the liability of heads of state for war crimes and crimes against humanity. The outcome of this case will be a test of the Court's ability to help end impunity in the region, bring justice to the victims of Sierra Leone’s civil war, and foster confidence in the rule of law.

Please join us for the final online discussion in our series, "Globalizing Justice," Tuesday, April 18th, from 2:00-3:00 PM Eastern. Our guest will be Kimberly Lanegran, Amnesty International USA's Country Specialist for Sierra Leone. Learn more about what the trial of Charles Taylor means to the efforts to fight impunity and protect human rights in West Africa.

Featured Guest: Kimberly Lanegran

From our featured guest: "I look forward to speaking to you on the 18th."

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Question Submitted by Jennifer Ayoub:

How can justice be served for the Liberian people especially for the victims of Taylor's genocide? (Ex. Truth committee, reparations, etc)

Kimberly Lanegran answers:

Jennifer -- The Special Court for Sierra Leone has not charged Charles Taylor with any crimes committed against Liberian citizens. However, in February Liberia’s Truth and Reconciliation Commission was launched. It is mandated to "investigate gross human rights violations and violations of international laws, as well as abuses that occurred during the war, including massacres, sexual violations, murders, extra-judicial killings and economic crimes" from 1979 until 2003. It is supposed to work for two years and is likely to start hearings in June. The TRC’s staff has expressed a desire to have access to Mr. Taylor as part of their investigations. However, it has no authority to compel Taylor to assist them nor is it empowered to demand the assistance of international courts. There is also an organization in Liberia that is calling for a war crimes court for that country.
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Question Submitted by Riki:

What are the main obstacles to bringing a man like him to justice, and who is protecting him? How does it benefit someone to shelter such an obvious criminal?

Kimberly Lanegran answers:

Riki -- I think the main obstacle has been that the important actors who could have used their power and authority to get Taylor before the court sooner, such as the US government, the UN, the AU, the government of Nigeria, and Liberian politicians have had a number of competing goals. Two in direct conflict were 1) get Charles Taylor to the Special Court for Sierra Leone and 2) get Charles Taylor out of power in Liberia, end the war, and hasten stability in Liberia. The second goal was the most important in 2003. Consequently, an agreement was reached among UN and AU powers that Nigeria would grant Taylor refugee status in order to entice Taylor to leave Liberia. Once the decision was made to prioritize stability in Liberia over bringing Taylor to justice, it took time for the decision-makers to find an acceptable process through which to alter the agreement. Frankly, I think the Nigerian government would have been perfectly justified in handing him over earlier, because there is extensive evidence that Taylor was violating the terms of the agreement by remaining active in Liberian politics.
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Question Submitted by Vincent:

Well I think its a real shame that you take a man from a weak country for Globalize Justice but the real dangers to the world are not even talk about in this world court (Bush,Blair, etc...)so to me this is a joke

Kimberly Lanegran answers:

Vincent -- Certainly you can argue that there are many criminals enjoying impunity today. However, I do not believe that we should ignore the crimes in places like Sierra Leone because we might feel that there are more serious crimes being committed elsewhere. The people of Sierra Leone deserve justice just as much as any other victims of atrocities. Globalizing justice means that no region of the world should have to tolerate impunity for their oppressors.
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Question Submitted by Greg:

Tell me about this "Special Court for Sierra Leone." Where and what is it? Who's in charge and what authority does it have?

Kimberly Lanegran answers:

Greg -- The Special Court for Sierra Leone was established by agreement between the United Nations and the government of Sierra Leone in 2000. It is an internationalized criminal court; a majority of the judges are appointed by the UN Secretary-General and the rest by the President of Sierra Leone. It operates wholly outside of the domestic court structure of Sierra Leone. It is mandated to bring to justice “persons who bear the greatest responsibility for the commission of crimes against humanity, war crimes and other serious violations of international humanitarian law” from 1996 in Sierra Leone. An independent prosecutor is in charge of the investigations and prosecution strategies; the judges use and build upon the jurisprudence of international law. Funding comes from the United Nations, mostly through voluntary contributions by member states.

The decision to place the Special Court in Freetown Sierra Leone was made so as to give Sierra Leoneans a much access as possible to the court. Sierra Leoneans should be able to see justice being done. It is hoped that this will enhance the rule of law in the country and bring some healing. The court has 10 people in custody and trials for nine are ongoing. You can visit the court’s web-page www.sc-sl.org/index.html.

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Question Submitted by Alex:

The idea of globalizing justice is somewhat frightening to me. Just like how the term imperialism has been demeaned by conservatives, globalization has acquired a gloss of evil associated with the neo liberal agenda. Why we only hear about this process happening in some remote country in Africa, Asia and latin america? Why can't this process of globalization of justice be applied to the so called civilized countries whose imperial policies contribute to sustain and perpetuate the mess of dictatorial regimes and poverty throughout the world like the ones lead by Sir Tony Blair and Mr. George W Bush? The question to be asked is: Whose justice? Maybe I am just reacting to the term used, but in my oppinion, the term was not properly chosen. Human rights does not go along with the neo liberal plan.

Kimberly Lanegran answers:

Alex -- Your comments bring a couple of thoughts to mind. I personally think that people are mistaken if they associate globalizing justice with an “evil” neo liberal agenda. The international effort to bring all perpetrators of atrocities to justice, to give all victims access to courts and justice is part of a human rights agenda rooted in the conviction of human equality. While it may seem like the prominent cases concerning globalizing justice are coming from Africa, Asia and Latin America, it is worth remembering that the International Criminal Court has jurisdiction over cases from Europe and North America too. The United Kingdom, Canada, Australia, and most European countries are parties to the ICC statute. That means that global justice, as supported through the ICC, applies to those countries too.
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Question Submitted by Alex:

I wanted to know the details of the agreement brokered in 2003 with the President of Nigeria (Obasanjo)

Kimberly Lanegran answers:

Alex -- I have not seen a copy of the agreement myself so I can’t help you with all of the details. However, President Obasanjo had announced at the time that one of the conditions of the asylum was "that he will not participate in the politics of his country from Nigeria, and will remain quiet."
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Question Submitted by Antoine:

Do child soldiers still exist in Sierra Leone ? What about the rest of Africa ?

Kimberly Lanegran answers:

Antoine -- The demobilization process of child soldiers in Sierra Leone was completed a couple of years ago with approximately 7000 youth going through the official UN- backed process. That number is probably a fraction of all the youth who actually were part of the armed groups in Sierra Leone’s war. Amnesty International is a member of the Coalition to Stop the Use of Child Soldiers. The Coalition estimates that there are tragically about 100,000 child soldiers in Africa today. Cote d’Ivoire, Chad, the Democratic Republic of the Congo, and Uganda are among the countries with the largest numbers of child combatants. You can learn how to help Amnesty International work to end this atrocity, at the web-page: www.amnestyusa.org/children/index.do
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Question Submitted by Reza Azarmi:

Who has the judicial authority to spearhead Mr. Charels Taylor's trial? What other means are avaialable to AI members to pursue?

Kimberly Lanegran answers:

Reza -- The prosecutor’s office of the Special Court for Sierra Leone has the authority to try him for crimes he is alleged to have committed in Sierra Leone during the civil war there. Theoretically, the International Criminal Court could have jurisdiction to pursue a case against him for any alleged crimes he committed anywhere after July 1 2002. Certainly, the government of Liberia would have authority to pursue cases against him, should it choose to do so. Amnesty International is working to end impunity throughout the world on a number of fronts. To start being part of this work you could go to the web-page: www.amnestyusa.org/international_justice/index.do
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Question Submitted by Alicia:

Will Charles Taylor be tried for the crime of luring children into the "art of war" by bribing them with drugs, looting and raping?

Kimberly Lanegran answers:

Alicia -- Absolutely! The indictment alleges that “members of the RUF, AFRC . . . and Liberian fighters, assisted and encouraged by, . . . under the direction and. or control of, and/or subordinate to [Charles Taylor] routinely conscripted, enlisted and/or used boys and girls under the age of 15 to participate in active hostilities. [Furthermore] many of these children were first abducted, then trained in AFRC and/or RUIF camps in various locations throughout the country, and thereafter used as fighters.” Therefore, Taylor is accused of the crime of conscripting and using child soldiers in hostilities. That crime is a serious violation of international humanitarian law.
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Question Submitted by Laurel:

What would be the correct justice for this man? Should he be turned over to the people whom he harmed; should they decide his fate? Would that be justice?

Kimberly Lanegran answers:

Laurel -- You have asked a profound and humbling question. I personally think that any individual strategy will be incomplete and imperfect if our goal is to give personal justice to every single one of Charles Taylor’s victims. Nothing will undo the atrocities he committed, instigated, and allowed to flourish in the region. I can’t think of any appropriate compensation that can rebuild shattered economies, replace exploited resources, bring back wasted years, and return to people all that they lost during Taylor’s tenure. I can understand how great anger could lead one to advocate turning him over to those he harmed, but I don’t believe personal retribution is the best approach either. I hope that the international community addresses the profound economic and social needs of the people of West Africa who are Taylor’s victims. I personally think that must be part of the justice building project. The role of courts like the Special Court for Sierra Leone is to ensure that perpetrators of atrocities are condemned and punished for their crimes. Furthermore, these cases demonstrate that the world will not tolerate such atrocities. Punishing Taylor is a very important part of bringing justice to the region, but I think it is just one part.
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Question Submitted by carla:

who will follow in presidency if and hopefully Charles Taylor renounces the presidency?

Kimberly Lanegran answers:

Carla -- Charles Taylor stepped down from the Presidency of Liberia in August 2003 as part of a peace process for his country. Mr. Gyude Bryant became the head of an interim government. In November 2005 Liberians elected Ellen Johnson-Sirleaf as their president. She took office in January this year. It was her official request to President Obasanjo of Nigeria that led to the his government announcing that it would no longer shield Charles Taylor.
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Question Submitted by tony:

What happened to the millions of dollars he was carrying? Just asking.

Kimberly Lanegran answers:

Well Tony -- I personally am not able to answer this for you myself. Let me point you to another source. The Coalition for International Justice wrote a report in May 2005 called Following Taylor’s Money: A Path of War and Destruction. Look for it at www.cij.org.
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Question Submitted by Jackie:

If there's either a life, or a death sentence in Charles Taylor's case, who has the ability to carry it out? It is difficult to see either Sierra Leone or Liberia carrying out a death sentence, and who could afford to keep him for life?

Kimberly Lanegran answers:

Jackie -- The Special Court for Sierra Leone will not issue the death penalty for anyone it finds guilty. It may, however, sentence people to life in prison. One issue that is delaying the commencement of Taylor’s trial concerns the location of incarceration should he be found guilty. As you may know, the Court has asked that it be able to move Taylor’s trial from Freetown, Sierra Leone to the facilities of the International Criminal Court in The Hague, Netherlands. A number of procedures need to be followed in order to move the trial. One issue is that the government of the Netherlands has to agree to let the trial be held in the Netherlands. It has stipulated that it will not host the trial unless it is determined beforehand where he would be incarcerated if convicted. Dutch authorities have already said that they would not hold him in the Netherlands. The governments of Sweden and Austria have also indicated that they would not take Taylor either. A Security Council resolution mandating the relocation of the trial is being delayed by this problem.
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Question Submitted by Betsy Brotman:

I lived in Liberia from 1974 to 1998 and now go back and forth. I wonder whether putting Charles Taylor on trial will result in compromising the fragile peace that prevails for the moment in Liberia.

Kimberly Lanegran answers:

Betsy -- Many other people in the region share this concern. It is the reason why the Special Court wants to try Taylor at the ICC’s facilities. Taylor certainly has allies in Liberia and the rest of the region who are outraged by his treatment. They may indeed seek to destabilize the trial and peace in the region.

I, however, think Charles Taylor a far less threat to peace in Liberia and the region when he sits in custody. There is a good deal of evidence that he was a power broker in the recent Liberian elections and allegations that he violated his asylum status by traveling outside of Nigeria. Furthermore, the prosecutor’s office of the Special Court for Sierra Leone has accused Taylor of orchestrating from Nigeria an assassination attempt against Guinea’s president Lansana Conte in January 2005. So, while there may well be heightened security risks in the short term in Liberia due to Taylor’s trial, I’m convinced that the trial is essential for long-lasting peace in the country.

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Question Submitted by SAM:

WHAT YOU THINK THAT THE MOST NOTORIOUS CRIMINAL MR TAYLOR IS NOW TO DEAL WITH AT A MOMENT ? ?? FOR MY PART A LIBERIAN NOW RESIDING IN CONAKRY GUINEA ENTA NORD , I WANT HIM BE KILLED AS HE DID TO OUR PARENTS IN LIBERIA AND ME. HE KILLED BOTH MY PARENTS IN BAHN ZOOKIE DISTRIC NIMBA . THEREFORE HE MUST BE KILED AT ONCE OK . BEST REARGD SAM M KONNEH

Kimberly Lanegran answers:

Sam -- I am sorry for the loss of your parents. The Special Court for Sierra Leone will not pass the death sentence on Charles Taylor if he is found guilty of the crimes he is charged with. I do however believe that the court will punish him. I sincerely hope that that punishment will provide you with some comfort.
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Question Submitted by J W:

Dr. Lanegran, While I applaud the fact that former Liberian President Taylor is going to stand trial for his role in the Liberian and Sierra Leonean Civil Wars, what judicial vehicles are in place there to ensure that the sentence, if any, is carried out legally? Mr Taylor has exhibited, in his prior behaviour and actions, a blinding disregard for the laws and is quite adept at slipping away beyong the reach of any power that seeks to prosecute him. What measures are being taken to ensure his compliance with any verdict handed down by the Courts?

Kimberly Lanegran answers:

JW -- Currently, the Special Court has UN peacekeepers in Freetown Sierra Leone guarding the court facilities and Charles Taylor to keep him from escaping. Court personnel have expressed confidence that they can keep him in custody. As I mentioned in a response to an earlier question, one issue yet to be resolved before Taylor’s trial can begin is what country would keep him should he be sentenced to incarceration. The Special Court’s mandate instructs it to ensure that anyone it convicts is held in a prison that is up to international standards. This means that it is extremely unlikely that he would be imprisoned in a country where he could escape. He will certainly not be held in Sierra Leone or Liberia. I have no doubt that Taylor’s verdict will be enforced.
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Question Submitted by Lyle:

I just returned from Liberia and Sierra Leone, and was in Monrovia when Taylor "escaped" and was subsequently caught. While the tension over those few days was high, nearly all the people in the region I have spoken to feel that (A.) bringing Taylor to face trial is a distant second to rebuilding their economic and social infrastructure, and (B.) having Taylor held in Freetown only adds to the tension in both countries. For the sake of regional stability, it seems moving his trial to The Hague makes the most sense? Your thoughts on this?

Kimberly Lanegran answers:

Lyle -- I accept the reality that there are many pressing challenges facing people in Liberia and Sierra including trying Charles Taylor. I do not think, however, that it should be or need be an either--or debate. People in that region deserve justice as well as economic assistance. Amnesty International works to address a broad range of human rights challenges in that region. On the issue of moving the trial to The Hague, Amnesty International believes that it should only be done as a last resort after there has been a transparent and consultative process that has carefully considered the security challenges a trial might bring to Sierra Leone and Liberia. Moving the trial will make it much harder for people in Sierra Leone to follow the events and see justice being done. The Special Court has done a terrific job making its work relevant and accessible to the people of Sierra Leone; that will be harder if the trial is not in Freetown. Personally, I expect that it will be moved to The Hague.
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Question Submitted by Kerry:

My high school Freshman are also wondering: "Is there a chance the case will be moved to The Hague? What chances are there that Taylor could be found innocent?"

Kimberly Lanegran answers:

Kerry -- There is always a chance that any of the accused will be found innocent. Taylor has the right to mount a defence, and the Special Court has the responsibility to ensure that it is a fair trial -- that includes ensuring that he has an adequate defence. In fact one of the unique features of this internationalized court is the important Principal Defender who seeks the best possible defense of the accused.
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Question Submitted by Daphne:

If Charles Taylor's trial is moved to another country, do the others now on trial have to be tried elsewhere (alongside Taylor)? Thanks.

Kimberly Lanegran answers:

Daphne -- There has been no discussion of moving any of the other three trials.
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