Abstract
In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignment—were dependent on a commitment by Western powers and international and regional organizations to a military victory against the rebels in Sierra Leone and coercive regime change in Liberia. The lesson that should be drawn from this case—which parallels that of other international tribunals set up during ongoing violence—is that the prospects for international criminal justice during civil wars are dependent on the political strategies adopted by outsiders to address the conflict and that taking criminal accountability seriously requires an interventionist rather than a consent-based approach to conflict resolution.
Similar content being viewed by others
Notes
Former British High Commissioner for Sierra Leone, Peter Penfold (2013, p. 61) observed that the UN had served as moral guarantor for two prior Sierra Leonean peace agreements in Abidjan (1996) and Conakry (1997), which also included blanket amnesties, and never expressed any reservations.
Freeman (2010, p. 52) notes that the ruling fell short of the position taken by some international lawyers and NGOs in their amicus briefs that the norm had already crystallized.
Although he relied on UNAMSIL, Crane (2006, p. 79n13) also kept in the dark, the Secretary General’s special representative to UNAMSIL, the Nigerian diplomat Oluyemi Adeniji, because of his opposition to the SCSL.
Contrary to the advocacy of human rights legalists, Crane (2010, pp. 212–213) argues that international justice is inherently political in scope and a prosecutor must be a “savvy politician and diplomat” in considering the diplomatic, security, and political implications of his actions. In a recent interview (Howden 2013), he criticized the chief prosecutors at the ICC for pursuing the cases against Kenyan President Uhuru Kenyatta and Deputy President William Ruto without considering the political implications or the likelihood of international backing for judicial action.
While Bashir and Assad, like Taylor, have confronted insurgencies supported by hostile regional actors, neither the Baathists in Syria nor the National Congress Party in Sudan are currently at risk of being forced from power, as Taylor was in 2003. Moreover, major Western powers have been reluctant to intervene in Sudan, because they were pursing a consent-based approach to conflict resolution focusing on peacekeeping, humanitarian relief, and implementing the North–South peace agreement, and in Syria, because of the fear of empowering Assad’s radical Islamist opponents.
A case for the deploying of US Special Forces against the Lord’s Resistance Army, which had abducted more the 30,000 children as soldiers and sex slaves in northern Uganda, was made by Kenneth Roth (2010), the Executive Director of Human Rights Watch. Arguments have also been made for intervention in Côte D’Ivoire (Dufka 2011) and Libya (Landler and Bilefsky 2011).
A list of former members of both the Charles Taylor and Samuel Doe governments and former rebel leaders who are members of the Liberian Parliament is presented in Dennis (2012, p. 6).
References
Abraham A (2001). Dancing with the chameleon: Sierra Leone and the elusive quest for peace. Journal of Contemporary African Studies 19(2): 205–228.
Amnesty International (2005), Open letter to the Chief Prosecutor of the International Criminal Court: comments on the concept of the interests of justice. https://www.amnesty.org/en/library/info/IOR40/023/2005/en. Accessed 7 July 2014.
Baldwin C, L Lecht (2012) Syria, a path to justice. Open Democracy, 6 August. http://www.opendemocracy.net/clive-baldwin-lotte-leicht/syria-path-to-justice
Becker J (2013) Campaigning for justice: human rights advocacy in practice. Stanford University Press, Palo Alto.
Berman E, Labonte M (2006) Sierra Leone. In: W Durch, ed., Twenty-first century peace operations. United States Institute for Peace and the Stimson Center, Washington, D.C.
Bosco D (2014). Rough justice: the international criminal court in a world of power politics. Oxford University Press, New York.
Campbell J (2005). Obasanjo and Charles Taylor. Confidential Cable, 13 May.
Center for International Cooperation (2012) Annual review of global peace operations 2011. Lynne Rienner, Boulder.
Cerone J (2007) Dynamic equilibrium: the evolution of US attitudes toward international criminal courts and tribunals. European Journal of International Law 18(2): 277–315.
Crane D (2006). Testimony before the subcommittee on Africa, global human rights and international operations of the Committee of International Relations, U.S. House of Representatives, The Impact of Liberia’s Election on West Africa, 8 February.
Crane D (2010) The take down: case studies regarding ‘lawfare’ in international criminal justice: the West African experience. Case Western Reserve Journal of International Law 43(1–2): 201–214.
Crawford-Garrett B (2012) Sierra Leone: A case the international community finally got somewhat right. In: D Francis, When war ends: building peace in divided communities. Ashgate, Burlington, Vermont
Cumming-Bruce N (2013a) U.N. Rights Chief urges negotiations to halt Syria violence. New York Times, 9 September.
Cummings-Bruce N (2013b) U.N. Rights officials urge Syria war crimes charges. New York Times, 18 February.
Dennis P (2012) A brief history of Liberia. International Center for Transitional Justice. http://ictj.org/publication/brief-history-liberia. Accessed 7 July 2014.
Dickinson L (2003) The promise of hybrid courts. American Journal of International Law 97(2): 295–310.
Dorman A (2009) Blair’s successful war: British military intervention in Sierra Leone. Ashgate, Burlington, Vermont.
Dougherty B (2013). Arresting Charles Taylor. In: H Carey, S Mitchell, Trials and tribulations of international prosecution. Lexington Books, Lanham, Maryland
Dufka C (2011) The case for intervention in Ivory Coast. Foreign Policy http://www.foreignpolicy.com/articles/2011/03/25/the_case_for_intervention_in_the_ivory_coast?utm_medium = referral#sthash.PK5wcuAM.dpbs. Accessed 7 July 2014.
Enough (2008) The merits of justice. Enough Project. http://www.enoughproject.org/publications/merits-justice. Accessed 9 January 2014.
Findlay T (2002) The Use of Force in UN Peace Operations. Oxford University Press, New York.
Freeman M (2010) Necessary evils: amnesties and the search for justice. Cambridge University Press, Cambridge.
Guardian (2000) Panic usurps peace as rebels close in. 10 May
Hamilton R (2011) Fighting for Darfur: public action and the struggle to stop genocide. Palgrave, New York.
Hawkins D, C Losee (2014). States and international courts: the politics of prosecution in Sierra Leone. Journal of Human Right 13: 48–68.
Hayner P (2007) Negotiating peace in Liberia: preserving the possibility for justice. Center for Humanitarian Dialogue, Geneva.
Hazen J (2013) What rebels want: resources and supply networks in wartime. Ithaca, Cornell University Press.
Horne A, F Olonisakin, G Peace (2006) United Kingdom-led security sector reform in Sierra Leone. Civil Wars 8(2): 109–123.
Howden D (2013) US prosecutor condemns Hague trials of Kenyan leaders. Guardian. 18 October.
HRW (2005) The meaning of the ‘interests of justice’ in Article 53 of the Rome Statute. http://www.hrw.org/node/83018. Accessed 7 July 2014.
HRW (2009a) Selling justice short: why accountability matters for peace. http://www.hrw.org/reports/2009/07/07/selling-justice-short-0. Accessed 7 July 2014.
HRW (2009b) Justice for Liberia: the truth and reconciliation commission’s recommendation for an internationalized domestic war crimes court. http://www.hrw.org/news/2009/12/11/liberia-trc. Accessed 7 July 2014.
Human Rights Watch (HRW) (2002) Back to the brink: war crimes by Liberian Government and rebels. http://www.hrw.org/reports/2002/liberia/Liberia0402.pdf. Accessed 7 July 2014.
ICG (2003a) The special court for Sierra Leone: promises and pitfalls of a ‘new model’. http://www.crisisgroup.org/en/regions/africa/west-africa/sierra-leone/B016-the-special-court-for-sierra-leone-promises-and-pitfalls-of-a-new-model.aspx. Accessed 7 July 2014.
ICG (2003b) Liberia: security challenges. http://www.crisisgroup.org/en/publication-type/media-releases/2003/africa/liberia-security-challenges.aspx. Accessed 7 July 2014.
ICG (2008) Congo: four priorities for sustainable peace in Ituri. http://www.crisisgroup.org/en/regions/africa/central-africa/dr-congo/140-congo-four-priorities-for-sustainable-peace-in-ituri.aspx. Accessed 7 July 2014.
International Crisis Group (ICG) (2001) Sierra Leone: time for a new military and political strategy. http://www.crisisgroup.org/en/regions/africa/west-africa/sierra-leone/028-sierra-leone-time-for-a-new-military-and-political-strategy.aspx. Accessed 7 July 2014.
Jalloh C, A Marong (2005) Ending impunity: the case for war crimes trials in Liberia. African Journal of Legal Studies 1(2): 53–80.
Jeter H (2003). Nigeria: President Obasanjo Believes Taylor Must Go. Confidential Cable, 5 June.
Keen D (2005) Conflict and Collusion in Sierra Leone. Palgrave, New York.
Kelsall T (2009) Culture under cross-examination: international justice and the special court for Sierra Leone. Cambridge University Press, Cambridge.
Kendall S (2011) Donors’ justice: recasting international accountability. Leiden Journal of International Law 24(3): 585–606.
Keppler E (2005) Grave Crimes. The World Today 61(1): 18–19.
Landler M, D Bilefsky (2011) Specter of rebel rout helps shift US policy in Libya. New York Times, 16 March.
Lanegran K (2007). The importance of trying Charles Taylor. Journal of Human Rights 6: 165–179.
McAuliffe P (2013) The roots of transitional accountability: interrogating the ‘Justice Cascade’. International Journal of Law in Context 9(1): 106–123.
Moghalu K (2008) Global justice: the politics of war crimes trials. Stanford University Press, Palo Alto.
Moreno-Ocampo L (2008) The international criminal court: seeking global justice. Case Western Reserve Journal of International Law 40: 215–225.
Mozersky D (2007) Accountability in Darfur. International Crisis Group. http://www.crisisgroup.org/en/regions/africa/horn-of-africa/sudan/op-eds/accountability-in-darfur.aspx. Accessed 7 July 2014.
Mutwol J (2009) Peace agreements and civil wars in Africa: insurgent motivations, state responses, and third-party peacemaking in Liberia, Rwanda, and Sierra Leone. Cambria Press, Amherst, New York.
National Public Radio (NPR) (2008) Trying Sudanese president poses unique challenges. http://www.npr.org/templates/story/story.php?storyId = 92622608. Accessed 7 July 2014.
NPR (2013) Nuremberg prosecutor makes the case for trying Assad.” http://www.npr.org/2013/09/08/220037023/nuremberg-prosecutor-makes-the-case-for-trying-assad. Accessed 7 July 2014.
O’Flaherty M (2004) Sierra Leone’s peace process: the role of the human rights community. Human Rights Quarterly 26(1): 29–62.
Olonisakin F (2008) Peacekeeping in Sierra Leone: the story of UNAMSIL. Lynne Rienner, Boulder.
Olsen T, L Payne, A Reiter (2010) Transitional justice in the balance: comparing processes, weighing efficiency. United States Institute of Peace, Washington, D.C.
Penfold P (2002) Will justice help piece in Sierra Leone. Observer (London). 20 October.
Penfold P (2013) International community expectations of the Sierra Leone special court. In: C. Jalloh, The Sierra Leone special court and its legacy: the impact for Africa and international criminal law. Cambridge University Press, Cambridge
Pham JP (2004) Liberia: portrait of a failed state. Reed Press, New York.
Pham JP (2005) Child soldiers, adult interests: the global dimensions of the Sierra Leonean tragedy. Nova Science Publishers, New York
Reno W (2001) The failure of peacekeeping in Sierra Leone. Current History 100: 219–225.
Robinson D (2003) Serving the interests of justice: amnesties, truth commissions and the international criminal court. European Journal of International Law 14(3): 481–505.
Rodman K (2008). Darfur and the limits of legal deterrence. Human Rights Quarterly 30(3): 529–560.
Roth K (2010) Get tough on human rights. Foreign Policy http://www.hrw.org/news/2010/10/12/plan-b-president-obama-get-tough-human-rights Accessed 7 July 2014
Sadat L (2006) Exile, amnesty and international law. Notre Dame Law Review 81: 955–1036.
Sadat L (2013). The Lomé amnesty decision of the special court for Sierra Leone. In Jalloh, The Special Court for Sierra Leone and its Legacy.
Schabas W (2006) The UN international criminal tribunals: the former Yugoslavia, Rwanda, and Sierra Leone. Cambridge University Press, Cambridge.
UN Secretary General (2001) Ninth report of the secretary-general on the United Nations mission in Sierra Leone.
Sierra Leone (2004a) Witness to truth: the final report of the Sierra Leone Truth and Reconciliation Commission, Volume 3, Chapter 3
Sierra Leone (2004b) Witness to truth: the final report of the Sierra Leone Truth and Reconciliation Commission, Volume 3, Chapter 6
Sikkink K (2011). The justice cascade: how human rights prosecutions are changing world politics, W.W. Norton, New York.
Snyder J, Vinjamuri L (2003) Trials and errors: principle and pragmatism in strategies of international justice. International Security 28(3): 5–44.
Snyder J, Vinjamuri L (2012) Principled pragmatism and the logic of consequences. International Theory 4(3): 434–448.
Special Court for Sierra Leone (SCSL) (2004). Prosecutor v. Gbao, decision on preliminary motion on the invalidity of the agreement between the United Nations and the Government of Sierra Leone on the establishment of the special court, 25 March
Tejan-Cole A (2009) Sierra Leone’s not-so-special court. In: C. Sriram, S. Pillay, Peace versus justice: the dilemma of transitional justice in Africa. University of Kwa-Zulu Press, South Africa
Vines A, T Cargill (2009–10). The impact of UN sanctions and their panels of experts: Sierra Leone and Liberia. International Journal 65(1): 45–67
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Rodman, K.A. Intervention and the ‘Justice Cascade’: Lessons from the Special Court for Sierra Leone on Prosecution and Civil War. Hum Rights Rev 16, 39–58 (2015). https://doi.org/10.1007/s12142-014-0324-4
Published:
Issue Date:
DOI: https://doi.org/10.1007/s12142-014-0324-4