IRIN Web Special on Civilian Protection in Armed Conflict

Q. So far there have been some arrests of those who allegedly bear the greatest responsibility for crimes against humanity. What happens to those who actually committed the crimes? Are they going to go scot-free?

A: We have to follow the law. The law says that we try those who bear the greatest responsibility so I can only try those who bear the greatest responsibility. As a matter of fact, there are people who did terrible things - behaviour I cannot condone - but my task from the international community is to try those who bear the greatest responsibility so I will do that.

But there are going to be people out there who may not be prosecuted because of lack of evidence. If we have a case on which we have information, we will turn it over to the authorities. Yes, some people will not be prosecuted [by us] because we cannot prosecute thousands and thousands of people.

So what do we do with them? Do we keep them or reconcile and move forward. It is true some of them did terrible things but we have to face reality: the Special Court is designed to try those who bear the greatest responsibility. We have to do that, but I can't speak for the others because they would need another jurisdiction.

Those are some of the issues that the Truth and Reconciliation Commission (TCR) would probably handle.

Q: What is the linkage between the Special Court and Sierra Leone's TRC?

A: The Special Court and the TRC have to succeed together. They are complementary institutions - each with a different mandate, each with a different objective but moving in the same direction: to achieve just and sustainable peace for this country.

The TRC was set up to look at the history of what happened. Through that process, to bring out the truth, and the truth will bring peace and reconciliation. The Special Court is a criminal court set up to prosecute and to convict those who started this terrible tragedy.

Together, the two have this important ability to help the country move forward to a just and sustainable peace.

Q. What would you say is the Court's role in Sierra Leone's peace and reconciliation process?

A. In order for this country to move forward and have long-term peace, we have to stop impunity and the circle of people coming forward and seizing what they think is theirs, and terrorising the country.

The Special Court is to stop this impunity and to see the start of a new circle of the rule of law versus the rule of the gun.

Q. What would your comment be on the notion that the Special Court offers justice and not genuine reconciliation?

A. I believe that once people see justice being done in front of their eyes - and it is transparent and that no one is above the law - that they begin to realise that the rule of law is where they should go.

That, in itself, is the peace and reconciliation process. That the common man will have returned to the rule of law rather than the rule of the gun will definitely help in the restoration of peace, and reconciliation.

Q. It might turn out that some of those arrested may not be in a position to meet the legal fees for their lawyers. Does the court have any back-up arrangements for these kinds of cases?

A: Absolutely. We are trying to show the people of Sierra Leone that justice is fair, open and transparent, but that there is no one above the law. We also want to show that if you are accused and brought before a court of justice, you have a right to a fair trial and can be confidently represented by an attorney.

And so the court has put in place a system to ensure that defendants can get a proper attorney, either on their own or through the help of the court. The court registry deals with this.

All in all, people have to realise that this is a success story: that the Special Court for Sierra Leone is going to do fulfil mandate and is going to do it fairly.

It is going to prove that international criminal justice can succeed in Africa - and particularly in West Africa.

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