International Justice is at Sierra Leoneans doorsteps as ICC (International Criminal Court) Chief Prosecutor says “genocide, crimes against humanity, war and aggression must end.”
The ICC is the sixth organ of the UN created by the Rome Statute of 1998 to bring to justice those who commit war crimes, genocide and crimes against humanity anywhere in the world.
Countries which are signatories to the Rome Statute are under obligation to assist the court in its pursuits of warlords and indicted war criminals.
The ICC Prosecutor, Karim Kahn made the assurance in a snap discussion with Sierra Leone’s Vice President, Moahmed Juldeh Jalloh.
“We need the law now more than ever,” Counsel Kahn appealed to Sierra Leonean authorities although he was not clear about the crimes and those to be prosecuted.
He also stressed that justice and accountability is needed so that states can move away from the misery and suffering they had been experiencing over the years.
The ICC Prosecutor also alluded to a meeting between him and the Sierra Leonean President during a UN summit in September last year and hoped that the strong partnership between Sierra Leone and the ICC would grow stronger in the not-too-distant future.
“Sierra Leone is a good friend to international justice,” the prosecutor said while singling out Ambassador Allieu Kanu for his excellent work at the Hague.
The ICC prosecutor’s arrival coincided with the departure of Sierra Leone’s President from Sierra Leone attending a China-Africa summit but was ably represented by the Vice President.
Mr Jalloh’s short and witty response to Counsel Kahn’s appeals represents Sierra Leoneans’ contribution to the international justice system.
He assures the ICC prosecutor of government’s support to the work of the ICC as Sierra Leone is a member of the Security Council, the highest organ of the United Nations.
It embodies the main work of the United Nations as it is charged with the responsibility of maintain international peace and security.
Several killings have taken place in Sierra Leone between 2018 and 2023 which may have warranted the resuscitation of the defunct Special Court for Sierra Leone.
The killings at the country’s main correctional facility in Freetown, Makeni, PortLoko, Tonkolili and other parts of the country deserved to be looked into with an aim of bringing perpetrators to justice.
The failure of the state to investigate and prosecute offenders created the situation for the arrival of the Residual Special Court for Sierra Leone (RSCSL).
The RSCSL is responsible for the ongoing legal obligations of the Special Court for Sierra Leone which concluded its mandate in December, 2013 with assistance to national prosecution authorities being a top priority.
The Special Court was created by Security Council Resolution 1315 to hold accountable those who bore the greatest responsibility for serious crimes committed during Sierra Leone’s 11-year civil war, and there could be little or no difference in the modus operandi of RSCSL.
The foundation for international justice was laid during the September meeting between the ICC prosecutor and the Sierra Leonean President.
However, argument about future investigations into alleged killings seems to have gained weight.
During the previous meeting in New York, Kahn who seemed passionate about bringing justice to Sierra Leone said the lives of the people of the Global South, Latin America and Africa mattered the same way as the lives of people anywhere in the world, and the prosecutions could not be confined at the Hague, the Dutch city that hosts the ICC.
“The people of Freetown, Lungi and other parts up-country wanted to see justice,” he said adding that Sierra Leone was in a better position to support the court after it was elected as one of the non-permanent members of the Security Council, UN’S highest organ.
Sierra Leone was among five countries that took up seats in the UN’s most important organ, and would assist in the maintenance of international justice.
The prosecutor’s meeting with the President came late last year after Sierra Leoneans in the diaspora staged a protest in the UK, US and Holland about killings and various forms of human rights abuses that took place in Sierra Leone between 2018 and 2023.
The protest started in the UK at Downing Street, the official home of the former British Minister, and later reached the UN headquarters in New York and the last was ICC headquarters where they tendered videos about allgeged human rights violations in Sierra Leone.
Recently, two Dutch judges visited Sierra Leone and held discussions with Chief Justice, Browne Marke, and their exact mission also remained unclear.
A plenary of RSCSL judges has elected Justice Richard Brunt Lussick of Samoa to a two-year term as President of the court.
Justice Lussick whose appointment came days after the court’s Vice President had been elected succeeded the Canadian judge, Justice Pierre Boutet.
Over the two-day period which ended last Thursday, the judges were briefed by the registrar, the prosecutor and the principal defender on judicial and administrative matters relating to RSCSL.
The judges also considered amendments to the Rules of Procedure and Evidence of the Court. Justice Lussick has been in the bench for several years, and made worthy contributions to the justice profession.
Apart from several judicial posts, the Samoa judge also served as Chairman of the Public Service Board of Appeal and was Vice President of the Commonwealth Magistrates and Judges Association (Pacific Region) from 1997 to 2000.
Justice Lussick will work with the Kenyan Supreme Court Judge, Justice Isaac Lenaola who was also recently appointed Vice President of the court. The Kenya judge also takes pride in rich academic credentials and experience that enable him to dispense duties of the noble office.
Justice Lenaola is an alumnus of the University of Nairobi and the Kenya School of Law. A Mozambican Judge, Justice Machatine Honwana also subscribed to the judicial oath last Thursday 28th February, 2024 after her appointment by the UN Secretary-General.
15 judges have also been appointed to serve in the residual court.
Justice Honwana made a solemn declaration before RSCSL Vice President, and Justice Pierre Boutet that “Without fear or favour, affection or ill-will serve as a judge of the Residual Special Court for Sierra Leone honestly, faithfully, impartially and conscientiously.”
Assistant Secretary-General for Legal Affairs, Stephen Mathias witnessed the swearing-in ceremony on behalf of the UN Secretary-General, and Sierra Leone’s Attorney-General and Minister of Justice, Mohamed Lamin Tarawally was also there on behalf of government of Sierra Leone.
Like the other judges, the newly sworn justice Honwana takes pride in rich academic credentials and experience in national and international law and justice that enables her preside in any jurisdiction anywhere in the world.