The Special Court for Sierra Leone issued its judgment today in the joint trail of Moinina Fofana and Allieu Kondewa, the alleged former leaders of the Civil Defense Force. Fofana was found guilty of four counts of war crimes and Kondewa was found guilty of five counts including war crimes and other serious violations of international law, as well as recruiting child soldiers. Both were acquitted of charges of murder and violence as crimes against humanity. Below is a summary of the charges and findings published on the Court’s website. For a complete report from the court, please see the Special Court for Sierra Leone website.
For more information, please see:
Reuters – Factbox – Sierra Leone’s Civil War – 02 August 2007
Reuters – Sierra Leone War Crimes Court Convicts Government Militia Chiefs – 02 August 2007
Count | Substantive Charge | Article of the Statute of the SCSL under which the charge was brought | Source of Law | Finding of Guilt |
1 | Murder | Art. 2(a) | Crime Against Humanity | Both Accused not guilty |
2 | Violence to life, health and physical or mental well-being of persons, in particular murder | Art. 3(a) | Violation of Common Article 3 or Optional Protocol II | Both Accused guilty |
3 | Inhumane Acts | Art. 2(i) | Crime Against Humanity | Both Accused not guilty |
4 | Violence to life, health and physical or mental well-being of persons, in particular cruel treatment | Art. 3(a) | Violation of Common Article 3 or Optional Protocol II | Both Accused guilty |
5 | Pillage | Art. 3(f) | Violation of Common Article 3 or Optional Protocol II | Both Accused guilty |
6 | Acts of Terrorism | Art. 3(d) | Violation of Common Article 3 or Optional Protocol II | Both Accused not guilty |
7 | Collective Punishments | Art. 3(b) | Violation of Common Article 3 or Optional Protocol II | Both Accused guilty |
8 | Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities | Art. 2(i) | Crime Against Humanity | Fofanah found not guilty. Kondewa found guilty. |