ASIL Programs > Career Development > Arthur C. Helton Fellowship > Helton Fellowship Profiles and Reflections > 2010 ASIL Helton Fellows > ASIL Helton Fellowship Reflections

The Special Court for Sierra Leone,
Kokouvi Luc Akakpo — The Hague, The Netherlands

The Trial Chamber of the Special Court for Sierra Leone (SCSL), located for exceptional reasons in The Hague, was in an intense period of activity when I arrived to complete a three-month placement in early April 2010. At that time, the trial of former Liberian President Charles Taylor had progressed to the Defence phase and key witnesses were expected to soon testify. The SCSL was established to prosecute persons believed to bear the greatest responsibility for crimes committed against Sierra Leone’s civilian population during a war that spanned from 1991 to 2003. Taylor has been accused of being a central figure in the both the civil wars that ravaged Liberia and Sierra Leone, accounting for close to 400,000 deaths. He is alleged to have covertly directed the rebel Revolutionary United Front (RUF) by providing weapons and ammunition in exchange for diamonds.

As a legal intern in the judges’ chambers, I could not have felt more privileged and motivated. I assisted with the trial in a range of judicial activities. I was very quickly initiated into the functioning of the SCSL, learning first about the nature and scope of the tribunal’s statute and rules of evidence and procedure. I completed several tasks related to the handling of evidence and information, including: writing witness summaries; comparing witness statements; and preparing requests pertaining to the judicial notice of adjudicated facts. Under the supervision of the Presiding Judge, I conducted legal research relating to the issuance of a subpoena to compel the appearance of numerous high profile witnesses who were to give testimony regarding their interactions with the accused. I actively contributed to a number of important projects related to the management of the case, namely, the identification and association of nicknames and alias of the alleged architects of the war.

Among other crimes, Mr. Taylor is accused of having ordered the extensive use of child soldiers. This issue is at the heart of my doctoral thesis, which examines appropriate judicial responses relating to the determination of responsibility for children who commit international crimes. My academic work focuses on examining the proper international legal answer to children accused of war crimes, crimes against humanity and genocide. Currently, scholarly writings and international legal mechanisms can be grouped into a stringently binary response: (1) children who commit international crimes are victims and should be treated as such; or, (2) children who commit serious international crimes must be held criminally responsible. The main objective of my project was to design a mechanism that would adequately and appropriately deal with both the retributive and rehabilitative goals of the international criminal justice system in relation to children. I considered whether the retributive elements of international trials can be brought together with the rehabilitative goals of reconciliation to develop an international juvenile justice system. I was most interested in the work of the SCSL and the Sierra Leone Truth and Reconciliation Commission (TRC) since both institutions have developed specific approaches to the issue of child perpetrators.

I met the objectives of my research in two ways. First, through the evidence and witnesses presented during the proceedings, I was able to gain insight into the nature and extent of the crimes committed by children. Second, I was able to examine directly, and through interviews, the workings of an international criminal tribunal. This, in turn, allowed me to critically assess the extent to which international criminal proceedings, which have been conceived for adult perpetrators, could be shaped to adequately deal with child soldiers who have committed serious crimes against their community. In addition, I was honoured to have received excellent guidance and advice from the presiding judges as well as my legal counterparts. Finally, I gained a significant understanding of the Sierra Leone conflict and the procedures used to end impunity for international and domestic crimes.

There was a moment when I recalled the well-known phrase coined by Hannah Arendt regarding the “banality of evil”1. This occurred to me as I was sitting alongside the judges in the courtroom, which provided me with unparalleled access and perspective on the court proceedings. It was electrifying to see Charles Taylor in person and to observe his reaction to the allegations. I also saw and heard key defence witnesses, some of which were ex-combatants who fought in the Liberian civil war. The witnesses were asked to respond to questions regarding what they observed. Commanders testified about their knowledge of events that occurred during the Sierra Leone war, including about the accusations of joint criminal enterprise; links between Taylor and the Revolutionary United Front (RUF); the taking hostage of UN peacekeepers; the recruitment and use of child soldiers; and the RUF’s treatment of civilians during the war. I did not find this experience to be “banal” at all; it was all highly unsettling, especially to hear witnesses testify about allegations of cannibalism and others cruelties.

I am very proud to be among the students and qualified legal practitioners that were provided with unique opportunities to work with international tribunals through the Fellowship programme. I was proud to be contributing to an important criminal proceeding. The trial of Charles Taylor is seen by many as a vital element in the reconciliation process in Sierra Leone and the region. It is also an important step towards ending impunity. In addition to the impact the experience will have on my doctoral research, I intend to share this extraordinary experience with my local community through participation in conferences and workshops on international criminal law. More specifically, I will be speaking about the work of the SCSL and my experience as a legal intern with fellow students at the University of Ottawa.