VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #0699/01 1982209
ZNR UUUUU ZZH
R 172209Z JUL 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 6946
INFO RUEHFN/AMEMBASSY FREETOWN 1548
RUEHTC/AMEMBASSY THE HAGUE 9156

UNCLAS USUN NEW YORK 000699 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KJUS SC SL
SUBJECT: SPECIAL COURT FOR SIERRA LEONE PRESIDENT WINTER 
AND PROSECUTOR STEPHEN RAPP BRIEF SECURITY COUNCIL ON 
LATEST DEVELOPMENTS AT THE COURT 
 
¶1. (U) Summary.  The President of the Special Court for 
Sierra Leone, Justice Renate Winter, and the Prosecutor of 
the Special Court, Stephen Rapp, briefed the Security Council 
on the latest developments at the Court on July 16.  Members 
of the Security Council thanked them for their efforts, 
praised the Special Court for its achievements, encouraged 
the Court to complete its work in a timely and efficient 
manner and called for additional contributions by U.N. Member 
States.  End summary. 
 
¶2. (U) President Winter summarized the status of the Court's 
four trials. She noted that the trials and appeals had been 
concluded in the Civil Defense Forces (CDF) and Armed Forces 
Revolutionary Council (AFRC) cases resulting in five 
convictions. She reported that three Revolutionary United 
Front (RUF) defendants were convicted and sentenced earlier 
this year and that the appeal was expected to be completed by 
October.  And she noted that the prosecution closed its case 
in the Charles Taylor trial in February, with the Defense 
beginning its case this week.  She reported that the Court 
projects that it will complete its judicial activity by 
February, 2011 with the conclusion of the Taylor appeal 
(assuming there is a conviction). 
 
¶3. (U) Winter noted that the Special Court has achieved many 
"firsts" and has set many precedents in international 
criminal law, including:  a. handing down the first decision 
on the non-applicability of amnesty for an international 
prosecution; b. adjudicating the limitations of immunity of a 
head of State vis--vis an international criminal court; and 
c. establishing as crimes, and convicting those responsible 
for, the forcible recruitment and use of child soldiers, 
attacks against U.N. peacekeepers, and the use of forced 
marriages as a crime against humanity.  Winter also reported 
that the Special Court has transferred expertise to Sierra 
Leoneans through a number of capacity-building programs and 
that the Court's outreach program has conducted over 10,000 
events to bring the Court's work into the country's national 
discourse and heritage.  She noted that potential future uses 
of the Court's site include a regional training center for 
the rule of law and a memorial component for commemorating 
the victims of the war. 
 
¶4. (U) Winter noted that the Special Court has worked with 
its Management Committee (on which the United States sits in 
New York) to devise a suitable arrangement to handle those 
"residual issues" that will extend beyond the life of the 
Court, such as management of the Court's archives, 
enforcement of sentences and witness protection.  She 
suggested that sharing a platform with another institution in 
the long term should be considered, particularly as many of 
the same residual functions will also be performed in 
connection with the International Criminal Tribunal for the 
Former Yugoslavia (ICTY) and the International Criminal 
Tribunal for Rwanda (ICTR). 
 
¶5. (U)  Winter noted that the Court is funded by voluntary 
contributions, and that the financial situation of the Court 
is very serious, with the Court projected to experience a 
funding shortfall by the first week of August.  She said that 
this shortfall poses the real possibility of disrupting the 
Court's work, which would have disastrous consequences for 
the Council's extensive peace building efforts in Sierra 
Leone and Liberia.  She said that a disruption of the 
proceedings would send the wrong message to the international 
community, jeopardizing the fight against impunity and 
potentially calling into question our collective commitment 
to international justice. 
 
¶6. (U) Prosecutor Stephen Rapp also reported on the progress 
of the Court, focusing on the Taylor prosecution, which 
included over ninety witnesses. He also pointed out many of 
the milestones the Court has achieved in international 
criminal law.  Rapp discussed the need for a mechanism to 
deal with residual issues, concentrating on the one 
indictee-at-large, Johnny Paul Koroma, who may or not be 
deceased.  Rapp said that it would be unacceptable for Sierra 
Leone and for international justice were Koroma - who was 
head of the Armed Forces Revolutionary Council - to surface 
after the closure of the Court and never have to answer for 
his alleged crimes.  The Prosecution has been in discussions 
with authorities in Sierra Leone and two other countries and 
will take steps before the Special Court concludes its active 
work to ensure that Koroma can be prosecuted within a 
national system. 
 
¶7.  (U) Rapp also said that the Prosecution shares the view 
of the Government of Sierra Leone that the sentences of the 
Court's convicted persons should be served outside of Sierra 
Leone, in facilities that are secure and meet international 
 
 
 
standards.  Rapp noted that a secure source of funding will 
be needed to support a residual mechanism until all of the 
prisoners have served their sentences.  Rapp characterized 
the immediate financial situation as an impending crisis.  He 
noted that even if all pledged donations from donors for this 
year come in early, the court will still run out of money 
before next year's round of donations. 
 
¶8. (U)  All Security Council Members took the floor, praising 
the achievements of the Special Court.  The UK stressed that 
the international community must ensure that the Special 
Court has the resources that it needs.  The US noted that it 
has been the Special Court's largest financial supporter, 
having contributed over 60 million USD since the Court's 
inception in 2002.  Several delegations noted that the work 
of the Special Court on residual issues may inform the 
Security Council's work on similar issues regarding the ICTY 
and ICTR. Several delegations noted that the Special Court 
shows that justice and peace do not have to be in conflict, 
and observed that the Special Court has contributed to peace 
in the region.  The Representative of Sierra Leone also noted 
the important achievements of the Special Court in bringing 
perpetrators of the most serious crimes to justice. 
 
¶9. (SBU) Comment. As the eyes of the world are on the Charles 
Taylor testimony, the Court remains in dire financial 
straits.  Even the impending 9 million USD contribution from 
the United States (which this Mission is working with the 
Department to finalize) will only take the Court through the 
end of this year.  Meanwhile, the extremely effective 
Prosecutor, American Stephen Rapp, is departing the Court to 
become the Department's War Crimes Ambassador.  End comment. 
RICE