Mr. President,
Mr. Vice-President
Mr. Attorney-General and Minister of Justice
Members of the Special Court
Your Excellencies
Ladies and Gentleman,
In January of this year in a historic ceremony with the participation
of the President of Sierra Leone and the representative of the Secretary-General,
Mr. Hans Corell, the Legal Counsel, the Agreement between the United Nations
and the Government of Sierra Leone on the Establishment of a Special Court
for Sierra Leone was signed.
With the swearing-in of the Judges of the Special Court for Sierra
Leone the Special Court for Sierra Leone is now fully constituted.
The Special Court is the first of its kind in that it was established on the basis of an agreement between the United Nations and one of its Member States, Sierra Leone – at the request of the Security Council and the Government of Sierra Leone. The Court is the first step on the path to combating impunity and addressing accountability for the serious crimes committed in Sierra Leone that have shocked the conscience of mankind.
Seen in a global perspective, this Court is also another testimony to the fact that Member States of the United Nations have come to realize that it is necessary to address the impunity that has caused so much suffering and sorrow among human beings for as long as we can remember.
Indeed, it was the Security Council that by way of resolution 1315 of 14 August 2000 requested the Secretary-General to negotiate an agreement with the Government of Sierra Leone to create an independent special court. In that same resolution the Council reaffirmed that “persons who commit or authorize serious violations of international humanitarian law are individually responsible and accountable for those violations and that the international community will exert every effort to bring those responsible to justice in accordance with international standards of justice, fairness and due process of law.”
Furthermore, the Security Council recognized that in the circumstances in Sierra Leone, “a credible system of justice and accountability for the very serious crimes committed there would end impunity and would contribute to the process of national reconciliation and to the restoration and maintenance of peace.”
The Special Court, consistent with the recommendations of the Security Council will focus on those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone.
Allow me however to emphasize that the Court is a common endeavour between the United Nations and the Government of Sierra Leone. The Judges appointed by the Government of Sierra Leone as well as the Deputy Prosecutor appointed by the Government, other Sierra Leonean lawyers and Sierra Leonean local staff will be working side by side with the international judges, an international Prosecutor and Registrar all appointed by the Secretary-General of the United Nations and international staff.
While a common endeavour, those Member States who have and will continue to fund the Court through their voluntary contributions should be recognized as well as the work of the Management Committee created by interested States that assists the Secretary-General in obtaining adequate funding and which also provides advice and policy direction on all non-judicial aspects of the operation of the Court. The Management Committee comprises of Canada, the Netherlands, Nigeria, Lesotho, Sierra Leone, the United Kingdom, the United States of America and the United Nations. We would like to thank these Member States for their continued support.
We would also wish to thank the President, Vice President, Attorney-General of Sierra Leone present here today as well as other Sierra Leoneans for their continued co-operation, support and also for their guidance in helping the Special Court interact directly with local officials, with paramount chiefs and civil society.
Since its inception the Special Court continues to receive the assistance of UNAMSIL. [UNAMSIL will continue to provide whatever assistance it can consistent with its mandate to enable the Special Court to fulfill its functions.]
It is also appropriate on this occasion to mention yet another institution, also assisted by the United Nations: The Truth and Reconciliation Commission. I cannot emphasize enough the importance of this Commission, whose task it is to create an impartial historical record of violations and abuses of human rights and international humanitarian law related to the armed conflict in Sierra Leone, from the beginning of the conflict in 1991 to the signing of the Lome Peace Agreement. The Commission shall also address impunity; respond to the needs of the victims; promote healing and reconciliation; and prevent a repetition of the violations and abuses suffered. The Special Court for Sierra Leone and the Truth and Reconciliation Commission must be seen as complementary to each other.
At this solemn moment though, our thoughts go to the many who lost their lives as a result of the atrocities committed in Sierra Leone and to their relatives and friends. Our thoughts also go out to all those against whom the most horrendous crimes were committed; many of them are among us in present-day Sierra Leonean society as living testimonies to what happened.
However let me address the Judges in particular. As Judges of the Special Court for Sierra Leone you bear a heavy responsibility: to help ensure that those responsible for serious violations of international humanitarian law are brought to justice, and so to contribute to the restoration and maintenance of peace.
In performing this task I bring a message of staunch support and a pledge of the fullest co-operation and assistance from the Secretary-General of the United Nations, who I am representing today. The Secretary-General is deeply committed to the idea of the rule of law and to the necessity of bringing to justice the perpetrators of crimes of the kind that have taken place in Sierra Leone.
In discharging your responsibilities, you as the Judges of the Special Court for Sierra Leone offer hope to future generations, not only of this country but also to the rest of the world that no more may deeds who offend the conscience of humankind go unpunished, a hope that human rights may be truly universal and that, in the affairs of men and women of all nations, the rule of law may prevail.
Let me close by reiterating what was said on behalf of the United Nations at the ceremony for the signing of the Agreement between the Organization and the Government of Sierra Leone in January this year. We hope that the Special Court for Sierra Leone will also serve as an important contribution to the healing process that this beautiful country must undergo to be able to create a better future for those who live here. Address the past with determination but with the same determination look to the future, to the new day that dawns ahead.
Thank you for your attention.