Gibril Massaquoi

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Gibril Massaquoi (born in 1970) was a commander and a spokesperson for the notorious Sierra Leone rebel group, the Revolutionary United Front (RUF), which also fought in Liberia. [1] In 2005, he became the top informer for the prosecutor of the Special Court for Sierra Leone. [2] He gave evidence to the UN-backed Special Court for Sierra Leone set up to investigate war crimes committed in that conflict. He was relocated to Finland in 2008 as part of a witness protection programme, which provided immunity for crimes committed in Sierra Leone, but not Liberia. [1]

Contents

Arrest

On 10 March 2020, Massaquoi was arrested in Tampere, Finland, by the Finnish police who suspect he committed war crimes and crimes against humanity in Liberia between 1999 and 2003. [3] Massaquoi's was regarded as unprecedented, as this was the first time that a top informer of an international tribunal was arrested and charged by a national court without the agreement of the institution with which he collaborated. [4] The case has thus caused controversy, particularly among former members of the SCSL concerning immunity for insiders and witness protection. [5]

Trial and charges

Massaquoi's trial began on 1 February 2021, [6] two years after the opening of an investigation into him. It was conducted in record time and is considered a revolution in universal jurisdiction, all in the midst of a pandemic. [7] Massaquoi was charged with war crimes and crimes against humanity, including committing and inciting the murders of civilians and enemy fighters, aggravated rapes, aggravated war crimes, and aggravated violations of human rights in a State of Emergency during the Second Liberian Civil War. Massaquoi denied all charges, saying he was not in Liberia when the alleged crimes took place. [8] Prosecutors have demanded a life sentence, which, in Finland tends to mean 14 years imprisonment. [1] Massaquoi was acquitted of all charges. [9]

In a historic first, the Court also travelled to Liberia and Sierra Leone in mid-February 2021 to hear testimony from up to 80 witnesses and visit sites where the atrocities were alleged to have been carried out under Massaquoi's orders. [10] In April 2021 he was acquitted on all charges. The acquittal was appealed by prosecutors in January 2023, [11] but was upheld by the Turku Court of Appeal in January 2024. [12]

Related Research Articles

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

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References

  1. 1 2 3 "Liberia war crimes: Rebel commander on trial in Finland". BBC News. 2021-02-03. Retrieved 2021-03-17.
  2. "The Massaquoi Affair: Special report on the Judas of Sierra Leone (Part 1)". JusticeInfo.net. 2020-04-07. Retrieved 2021-03-17.
  3. "KRP on pidättänyt Sierra Leonen kansalaisen epäiltynä vakavista rikoksista Liberiassa vuosina 1999–2003". Poliisi (in Finnish). Retrieved 2021-03-17.
  4. "The Massaquoi Affair: Special report on the Judas of Sierra Leone (Part 2)". JusticeInfo.net. 2020-04-14. Retrieved 2021-03-17.
  5. "27 January 2021 - Trial of former Sierra Leonean commander Massaquoi to start in Finland". ICL Media Review. 2021-01-27. Retrieved 2021-03-17.
  6. "Liberian history in the making: groundbreaking decision regarding Gibril Massaquoi's trial". Civitas Maxima. 2021-02-01. Retrieved 2021-03-17.
  7. "Universal jurisdiction: the Finnish revolution". JusticeInfo.net. 2021-02-01. Retrieved 2021-03-17.
  8. "Frustration Shows on Final Day of Massaquoi Hearing Before Court Moves to Liberia". Liberian Observer. Retrieved 2021-03-17.
  9. "Liberia: Finnish Court Acquits Massaquoi of War Crimes Charges over Lack of Sufficient Evidence". 2 May 2022.
  10. "Liberia war crimes suspect Gibril Massaquoi's trial begins in Finland". Africanews. 2021-02-03. Retrieved 2021-03-17.
  11. Colombe Gbane, Nadia (10 January 2023). "Ex-Rebel Gibril Massaquoi tried in court of appeal". Africa News. Archived from the original on 31 May 2023.
  12. "Appeal court acquits Sierra Leonean man accused of war crimes". Yle. 1 February 2024.