United Nations Security Council Resolution 1688

Last updated
UN Security Council
Resolution 1688
UNsierraleone.PNG
Sierra Leone
Date16 June 2006
Meeting no.5,467
CodeS/RES/1688 (Document)
SubjectThe situation in Sierra Leone
Voting summary
  • 15 voted for
  • None voted against
  • None abstained
ResultAdopted
Security Council composition
Permanent members
Non-permanent members

United Nations Security Council Resolution 1688, adopted unanimously on June 16, 2006, after recalling all previous resolutions on the situation in Liberia, Sierra Leone and West Africa, including resolutions 1470 (2003), 1508 (2003), 1537 (2004) and 1638 (2005), the Council approved the transfer of former Liberian President Charles Taylor to the Special Court for Sierra Leone which was moved to The Hague in the Netherlands, due to security concerns. [1]

Contents

The Netherlands agreed to host the trial only if Charles Taylor was imprisoned in a third country. [2]

Resolution

Observations

In the preamble of the resolution, the Council recalled the establishment of the Special Court by Resolution 1315 (2000) and that it may meet away from its seat if necessary. Furthermore, the Council expressed its will to end impunity, establish the rule of law, promote human rights and maintain international peace and security. [3] It also appreciated that Liberian President Ellen Johnson-Sirleaf and Nigerian President Olusegun Obasanjo had requested and facilitated the transfer of Charles Taylor to the Special Court, respectively.

Meanwhile, the Security Council recognised that proceedings at the Special Court would contribute to truth and reconciliation in Liberia and the subregion, and the rule of law in Sierra Leone. It noted that the trial could not take place in the Sierra Leonean capital of Freetown due to security concerns, nor at the International Criminal Tribunal for Rwanda as it was engaged with other tasks, and that no other tribunal existed in Africa. [4] The resolution determined that the continued presence of Charles Taylor in West Africa constituted a threat to peace and security in the region. [5]

Acts

Under Chapter VII of the United Nations Charter, the Council noted that a trial chamber would be established in the Netherlands to exercise its functions away from the seat of the Special Court. It welcomed the Dutch government's decision to host the trial and the International Criminal Court's intention to use its premises to detain and try Charles Taylor. In this context, co-operation from all states was required and for the Secretary-General Kofi Annan to assist in the arrangements. [6]

Meanwhile, the Special Court was requested to make the proceedings accessible publicly through video link, as it was given exclusive jurisdiction over Charles Taylor during the detention and trial process. The Dutch government was to facilitate the trial by: [7]

(a) allowing the detention and trial of Charles Taylor;
(b) facilitating the transport of Charles Taylor while in the Netherlands;
(c) enabling the appearance of witnesses, experts and others at the trial in the same way as at the International Criminal Tribunal for the former Yugoslavia.

The resolution exempted Charles Taylor from the provisions of Resolution 1521 (2003) for the purposes of travel within the Netherlands, and noted that costs were to be borne by the Special Court that was funded via contributions from states.

See also

Related Research Articles

International Criminal Tribunal for the former Yugoslavia UN ad hoc court located in The Hague, Netherlands

The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia (ICTY), was a body of the United Nations established to prosecute serious crimes committed during the Yugoslav Wars, and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.

Charles Taylor (Liberian politician) Liberian former politician who was the 22nd President of Liberia

Charles McArthur Ghankay Taylor is a Liberian former politician and convicted war criminal who served as the 22nd President of Liberia from 2 August 1997 until his resignation on 11 August 2003.

David M. Crane is an American lawyer who was the Chief Prosecutor of the Special Court for Sierra Leone (SCSL) from April 2002 until July 15, 2005. During his tenure, he indicted, among others, the then-President of Liberia, Charles Taylor. Crane was replaced as chief prosecutor by his deputy Desmond de Silva. On April 26, 2012, the SCSL, sitting in The Hague, convicted Taylor on various charges.

International criminal law

International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law.

Special Court for Sierra Leone

The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.

Special Tribunal for Lebanon international tribunal for the Rafic Hariri assassination

The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri Tribunal, is a tribunal of international character applying Lebanese criminal law to carry out the investigation and prosecution of those responsible for the 14 February 2005 assassination of Rafic Hariri, the former Lebanese prime minister, and the deaths of 21 others, as well as those responsible for connected attacks.

Karim A. A. Khan QC is a British lawyer and a specialist in international criminal law and international human rights law. Following his appointment by United Nations Secretary-General António Guterres, he is currently an Assistant Secretary-General of the United Nations and serves as the Special Adviser and Head of the UN Investigative Team for the Promotion of Accountability for Crimes Committed by Da'esh/ISIL in Iraq (UNITAD), which was established pursuant to Security Council Resolution 2379 (2017) to support domestic efforts to hold ISIL (Da'esh) accountable for acts that may amount to war crimes, genocide, and crimes against humanity in Iraq.

A new civil war began in 1999 when a rebel group backed by the government of neighboring Guinea, the Liberians United for Reconciliation and Democracy (LURD), emerged in northern Liberia. By the spring of 2001, they were posing a major threat to the Taylor government. Liberia was now engaged in a complex three-way conflict with Sierra Leone and the Guinea Republic. By the beginning of 2002, both of these countries were supporting the latest addition to the lexicon of Liberian guerrilla outfits – Liberians United for Reconciliation and Democracy (LURD), while Taylor was supporting various opposition factions in both countries. By supporting Sierra Leonean rebels, Taylor also drew the enmity of the British and Americans.

Belgisch Park Neighbourhood in The Hague, Netherlands

Belgisch Park is a neighbourhood in the Scheveningen district of The Hague, Netherlands. The area has around 7,900 residents and contains many trees and the adjoining “Nieuwe Scheveningse Bosjes” and “Oostduinen”. The buildings date from the period 1870–1940. Many of the houses are expensive private residences.

People detained by the International Criminal Court (ICC) are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague. The ICC was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. As of June 2018, it has issued public arrest warrants for 42 individuals, six of whom are currently in custody of the court.

Hague Penitentiary Institution Dutch prison

The Hague Penitentiary Institution is a Dutch prison that is part of the Judicial Institutions Department of the Ministry of Justice. It can accommodate more than 1,000 detainees and consists of two locations, at Zoetermeer and Scheveningen. The Zoetermeer location is for Systematic offenders and the Scheveningen location serves as a Penitentiary Psychiatric Center, the 'open design' Limited Secured Installation and Judicial Medical Center. A special independent unit in the Scheveningen location serves as a United Nations Detention Unit (UNDU) for international offenders where they remain in pre-trial detention under the responsibility of the United Nations like suspects of the International Criminal Tribunal for the former Yugoslavia (ICTY) and of the International Criminal Court (ICC).

United Nations Security Council Resolution 1315 United Nations Security Council resolution

United Nations Security Council resolution 1315, adopted unanimously on 14 August 2000, after expressing concern at serious crimes committed in Sierra Leone, the Council expressed its intention to establish the Special Court for Sierra Leone to deal with violations of human rights, international law and war crimes in the country.

United Nations Security Council Resolution 1436 United Nations Security Council resolution

United Nations Security Council resolution 1436, adopted unanimously on 24 September 2002, after recalling all previous resolutions on the situation in Sierra Leone, the Council extended the mandate of the United Nations Mission in Sierra Leone (UNAMSIL) for a further six months beginning on 30 September 2002.

United Nations Security Council Resolution 1497 United Nations Security Council resolution

United Nations Security Council resolution 1497, adopted on 1 August 2003, after expressing concern at the situation in Liberia, the Council authorised a multinational force to intervene in the civil war to support the implementation of a ceasefire agreement using "all necessary measures".

United Nations Security Council Resolution 1941 United Nations Security Council resolution

United Nations Security Council Resolution 1941, adopted unanimously on September 29, 2010, after recalling all previous resolutions on the situation in Sierra Leone, particularly Resolution 1886 (2009), the Council extended the mandate of the United Nations Integrated Peacebuilding Office in Sierra Leone (UNIPSIL) until September 15, 2011.

United Nations Security Council Resolution 1638 United Nations Security Council resolution

United Nations Security Council resolution 1638, adopted unanimously on 11 November 2005, after recalling all previous resolutions on the situation in Liberia, Sierra Leone and West Africa, the Council included the apprehension, detention and transfer to the Special Court for Sierra Leone of former Liberian President Charles Taylor in the mandate of the United Nations Mission in Liberia (UNMIL).

United Nations Security Council Resolution 1667 United Nations Security Council resolution

United Nations Security Council Resolution 1667, adopted unanimously on March 31, 2006, after recalling all previous resolutions on the situations in Liberia and the subregion, particularly resolutions 1626 (2005) and 1638 (2005), the Council extended the mandate of the United Nations Mission in Liberia (UNMIL) until September 30, 2006.

United Nations Security Council Resolution 1689 United Nations Security Council resolution

United Nations Security Council Resolution 1689, adopted unanimously on June 20, 2006, after recalling all previous resolutions on the situation in Liberia and West Africa, the Council decided to continue sanctions against the import of diamonds from the country for six months, though similar restrictions relating to timber imports were lifted.

United Nations Detention Unit

The United Nations Detention Unit (UNDU) is a UN-administered jail. It is part of the Hague Penitentiary Institution's Scheveningen location, more popularly known as Scheveningen Prison, in The Hague, Netherlands. The UNDU was established in 1993 as part of the International Criminal Tribunal for the former Yugoslavia (ICTY) and currently houses detainees whose cases have been taken over by the International Residual Mechanism for Criminal Tribunals (IRMCT).

Alain Werner is a Swiss human rights lawyer, specialized in the defence of victims of armed conflicts, founder and director of Civitas Maxima (CM), an international network of lawyers and investigators based in Geneva that since 2012 represents victims of mass crimes in their attempts to obtain justice.

References

  1. "Security Council approves trial transfer of former Liberian President Charles Taylor to Netherlands". United Nations. June 16, 2006.
  2. Roy-Macaulay, Clarence (20 June 2006). "Tribunal endorses transfer for Taylor". Independent Online (South Africa).
  3. Orakhelashvili, Alexander (2011). Collective Security. Oxford University Press. p. 171. ISBN   978-0-19-957984-6.
  4. Moghalu, Kingsley Chiedu (2006). Global justice: the politics of war crimes trials. Greenwood Publishing Group. p. 124. ISBN   978-0-275-99297-2.
  5. Anders, Gerhard (2007). "Follow the trial". Anthropology Today. 23 (3): 23–26. doi:10.1111/j.1467-8322.2007.00516.x.
  6. "UN votes to send Taylor to the Hague". Philippine Daily Inquirer . 18 June 2006.
  7. Kamara, Sayoh (19 June 2006). "Special Court for Sierra Leone backs Taylor trial in The Hague". Awareness Times .