SPECIAL COURT FOR SIERRA LEONE PRESIDENT WINTER

UNCLAS USUN NEW YORK 000699

SIPDIS

E.O. 12958: N/A
TAGS: PREL KJUS SC SL
SUBJECT: SPECIAL COURT FOR SIERRA LEONE PRESIDENT WINTER
AND PROSECUTOR STEPHEN RAPP BRIEF SECURITY COUNCIL ON
LATEST DEVELOPMENTS AT THE COURT


1. (U) Summary. The President of the Special Court for
Sierra Leone, Justice Renate Winter, and the Prosecutor of
the Special Court, Stephen Rapp, briefed the Security Council
on the latest developments at the Court on July 16. Members
of the Security Council thanked them for their efforts,
praised the Special Court for its achievements, encouraged
the Court to complete its work in a timely and efficient
manner and called for additional contributions by U.N. Member
States. End summary.


2. (U) President Winter summarized the status of the Court's
four trials. She noted that the trials and appeals had been
concluded in the Civil Defense Forces (CDF) and Armed Forces
Revolutionary Council (AFRC) cases resulting in five
convictions. She reported that three Revolutionary United
Front (RUF) defendants were convicted and sentenced earlier
this year and that the appeal was expected to be completed by
October. And she noted that the prosecution closed its case
in the Charles Taylor trial in February, with the Defense
beginning its case this week. She reported that the Court
projects that it will complete its judicial activity by
February, 2011 with the conclusion of the Taylor appeal
(assuming there is a conviction).


3. (U) Winter noted that the Special Court has achieved many
"firsts" and has set many precedents in international
criminal law, including: a. handing down the first decision
on the non-applicability of amnesty for an international
prosecution; b. adjudicating the limitations of immunity of a
head of State vis--vis an international criminal court; and
c. establishing as crimes, and convicting those responsible
for, the forcible recruitment and use of child soldiers,
attacks against U.N. peacekeepers, and the use of forced
marriages as a crime against humanity. Winter also reported
that the Special Court has transferred expertise to Sierra
Leoneans through a number of capacity-building programs and
that the Court's outreach program has conducted over 10,000
events to bring the Court's work into the country's national
discourse and heritage. She noted that potential future uses
of the Court's site include a regional training center for
the rule of law and a memorial component for commemorating
the victims of the war.


4. (U) Winter noted that the Special Court has worked with
its Management Committee (on which the United States sits in
New York) to devise a suitable arrangement to handle those
"residual issues" that will extend beyond the life of the
Court, such as management of the Court's archives,
enforcement of sentences and witness protection. She
suggested that sharing a platform with another institution in
the long term should be considered, particularly as many of
the same residual functions will also be performed in
connection with the International Criminal Tribunal for the
Former Yugoslavia (ICTY) and the International Criminal
Tribunal for Rwanda (ICTR).


5. (U) Winter noted that the Court is funded by voluntary
contributions, and that the financial situation of the Court
is very serious, with the Court projected to experience a
funding shortfall by the first week of August. She said that
this shortfall poses the real possibility of disrupting the
Court's work, which would have disastrous consequences for
the Council's extensive peace building efforts in Sierra
Leone and Liberia. She said that a disruption of the
proceedings would send the wrong message to the international
community, jeopardizing the fight against impunity and
potentially calling into question our collective commitment
to international justice.


6. (U) Prosecutor Stephen Rapp also reported on the progress
of the Court, focusing on the Taylor prosecution, which
included over ninety witnesses. He also pointed out many of
the milestones the Court has achieved in international
criminal law. Rapp discussed the need for a mechanism to
deal with residual issues, concentrating on the one
indictee-at-large, Johnny Paul Koroma, who may or not be
deceased. Rapp said that it would be unacceptable for Sierra
Leone and for international justice were Koroma - who was
head of the Armed Forces Revolutionary Council - to surface
after the closure of the Court and never have to answer for
his alleged crimes. The Prosecution has been in discussions
with authorities in Sierra Leone and two other countries and
will take steps before the Special Court concludes its active
work to ensure that Koroma can be prosecuted within a
national system.


7. (U) Rapp also said that the Prosecution shares the view
of the Government of Sierra Leone that the sentences of the
Court's convicted persons should be served outside of Sierra
Leone, in facilities that are secure and meet international



standards. Rapp noted that a secure source of funding will
be needed to support a residual mechanism until all of the
prisoners have served their sentences. Rapp characterized
the immediate financial situation as an impending crisis. He
noted that even if all pledged donations from donors for this
year come in early, the court will still run out of money
before next year's round of donations.


8. (U) All Security Council Members took the floor, praising
the achievements of the Special Court. The UK stressed that
the international community must ensure that the Special
Court has the resources that it needs. The US noted that it
has been the Special Court's largest financial supporter,
having contributed over 60 million USD since the Court's
inception in 2002. Several delegations noted that the work
of the Special Court on residual issues may inform the
Security Council's work on similar issues regarding the ICTY
and ICTR. Several delegations noted that the Special Court
shows that justice and peace do not have to be in conflict,
and observed that the Special Court has contributed to peace
in the region. The Representative of Sierra Leone also noted
the important achievements of the Special Court in bringing
perpetrators of the most serious crimes to justice.


9. (SBU) Comment. As the eyes of the world are on the Charles
Taylor testimony, the Court remains in dire financial
straits. Even the impending 9 million USD contribution from
the United States (which this Mission is working with the
Department to finalize) will only take the Court through the
end of this year. Meanwhile, the extremely effective
Prosecutor, American Stephen Rapp, is departing the Court to
become the Department's War Crimes Ambassador. End comment.
RICE