The New York Times

Friday, May 19, 2000

[...] This is the kind of case for which the International Criminal Court was created two years ago. Since that court is not yet functioning, the best approach is to create an international tribunal like those the U.N. has established for Rwanda and the former Yugoslavia. [...]

(Following full text)

Prosecuting Foday Sankoh

For the last decade Foday Sankoh has led one of the world's most brutal guerrilla movements. His Revolutionary United Front has terrorized Sierra Leone by murdering thousands of civilians, gang-raping women and girls, and chopping off the limbs of suspected opponents. Mr. Sankoh's arrest this week is therefore welcome news. It is imperative that he now be charged and tried for war crimes.

Mr. Sankoh was a party to the 1999 Lome peace accord that was to have ended Sierra Leone's brutal civil war. That accord failed in part because it granted Mr. Sankoh immunity from prosecution for previous war crimes, thereby reinforcing the cycle of violent lawlessness in which the rebel leader and his murderous associates have thrived. Mr. Sankoh's forces have clearly broken their end of the bargain by refusing to disarm and restarting the war. Whether the previous amnesty should now be rescinded can be argued either way. But there is no disputing that Mr. Sankoh's forces have committed countless crimes since the accord was signed that would not be covered by the amnesty. On these they should unquestionably be prosecuted.

Under normal circumstances, it is best for people to be tried in the countries where they committed their crimes. But Sierra Leone's government does not have the means to guarantee an orderly trial or due process in such a highly charged case. Witness protection would be impossible, and there is the danger of mob justice. Neighboring Liberia's former dictator, Samuel K. Doe, for example, was captured by a rebel gang in 1990, stripped naked and tortured to death. That crude vengeance ratcheted up the cycle of violence and criminality that continues to haunt Liberia.

A trial for Mr. Sankoh must be conducted according to international standards before impartial judges, affording the accused access to counsel and the means to wage an effective defense. This is the kind of case for which the International Criminal Court was created two years ago. Since that court is not yet functioning, the best approach is to create an international tribunal like those the U.N. has established for Rwanda and the former Yugoslavia. It would have a mandate to try not just Mr. Sankoh but his confederates, as well as leaders of other fighting factions that have committed heinous crimes. Extensive evidence has already been assembled by rights groups, but the U.N. should be prepared to send an investigative team to Sierra Leone to document war crimes.

Mr. Sankoh's arrest may complicate efforts to secure the release of the remaining 270 U.N. peacekeepers held hostage by the rebels. But it should now be clear that any attempt to enlist Mr. Sankoh as a partner in peace is doomed to fail. Bringing him to justice is the best way to curb the anarchy that lies at the root of Sierra Leone's agony.