The lomé amnesty decision of the special court for Sierra Leone

In this volume dedicated to the legacy of the Special Court for Sierra Leone (SCSL or “the Court”), it is appropriate to highlight the important contribution of the SCSL to the emerging understanding of the relationship between justice and peace during and following periods of violent conflict. This chapter addresses the questions raised by the Lomé Agreement of 1999 with respect to the ability of the Court to proceed to trial regarding the Accused claiming to be exempted from the SCSL’s jurisdiction because of the amnesty provisions of that agreement. It will then offer some reflections on the significance of the Court’s decision in light of evolving state and international practice on amnesties, and finally, briefly consider the status and effect of the Lomé amnesty in Sierra Leone itself. The Conflict in Sierra Leone, Amnesty, and the Lomé Agreement Sierra Leone is a small country located in West Africa, situated between Liberia to the South, Guinea to the North and East, and the North Atlantic Ocean to the West. From 1991 onward, the country experienced a brutal civil war as a rebel group known as the Revolutionary United Front (RUF) fought against three successive governments. The war ravaged the country and resulted in thousands of deaths and millions of displaced persons; it was “unique in the scale and grotesque nature of attacks on civilian populations.” Mutilations, rape, sexual slavery, murder, pillage and looting traumatized a helpless civilian population while negotiators, both inside and external to Sierra Leone, endeavored to bring the conflict to a close. As the peace process faltered, frustration and anger grew at the criminal behavior of the participants in the fighting.