Abdul
Sankoh doesn't understand the events that led up to the Lome Accords,
nor what amnesty granted to war crimes suspects really means. All he
knows is his own story.
On April 30, 1999, at 1:45 PM while he was walking home
for lunch from the elementary school where he taught, he was ambushed
by rebel soldiers. A group of soldiers from an offshoot of the
Revolutionary United Front (RUF) tied him up, beat him and demanded
that he reveal his occupation. Abdul knew what the rebels did with
teachers, so he lied. He told the men that he was a farmer, but it
did not do any good. One soldier called for an ax. As Abdul lay
begging them to stop, the rebels chopped off his right arm. Then they
raised the ax again. He cried out for them not to take his left hand,
because it is the hand that he writes with.
I said, please, please don't take the left one. I
can't live without my left hand, Abdul recounted. The soldiers
took it anyway. Then while he lay incoherent with pain and covered in
blood, Abdul cried out to them: Please kill me! Just kill me
now! I can't live like this.
They did not kill Abdul. Instead, they drew their axes
again, and hacked off his right ear. Then, to silence his screams
before he fainted from pain, they hacked off his lips. As one last
final act of humiliation before wandering off in search of their next
victim, they searched Abdul's pockets and took his money.
Dr. Volker Herzog, a slight, bearded German who normally
works as chief of staff at a major Berlin clinic, was on duty when
Abdul arrived at the Connaught Hospital in Freetown. He could not
believe what he saw. Somehow, the village teacher had managed to walk
through the bush, bleeding, to a base of Nigerian peacekeeping
soldiers, who brought him by helicopter to the capital.
I had never seen a human being look like
that, Dr. Volker said, still haunted by the image a year later.
His lips were hanging off his face. His arms were stumps
somehow, they had not gotten infected. His ear was chopped off
leaving a gape on the side of his head.
The doctor and his surgical team, volunteers for
Medecins
San Frontieres,
did what they could to try to piece Abdul back together. They sewed
his lips back on, but there is nothing but gaping black scars where
Abdul's once had arms and an ear.
Abdul is teaching again, but not at the village
elementary school. He works now at an MSF-run amputee camp, a dismal
place with more than 1,000 victims like him. More than one year on,
telling the story of his attack is still traumatic: Abdul shakes with
rage and frustration, and his eyes burn with something beyond tears.
Abdul's case is savage, but not unusual. Sierra Leone,
one of the most beautiful countries in West Africa, has white sand
beaches that stretch for miles. A former British Colony renowned for
its diamonds, was once one of the most developed Colonies, with
extensive reserves of iron ore, bauxite and other minerals. It boasts
the world's third-largest natural harbor, and was home to West
Africa's first university.
The country is still renowned for diamonds, and it is
still beautiful, in a scarred, embittered kind of way, but today
Sierra Leone is infamous for misery, evil, human rights violations
and some of the decade's worst war crimes. As a result of the
country's bitter, decade-long civil war, it ranks
174th-last-in the UN Human Development Report. If you're
born in Sierra Leone, you can expect to live to age of 38. The infant
mortality rate is 164 per thousand and 69 percent of the adult
population is illiterate. The capital, Freetown, is looted. Most of
the country's educated have emigrated.
It is difficult to calculate how many civilians have
suffered during the 10-year conflict because Sierra Leone has ceased
functioning as a state, and a large portion of its territory remains
under rebel RUF control. The figures go something like this: 5,400
children forced into combat, forced labor or sexual slavery, 20,000
amputees, 75,000 dead, 2 million displaced (about the population of
Kosovo), and an unknown number of women raped.
According to Human
Rights Watch",
the New York-based organization that played a lead role in alerting
the world to atrocities in Sierra Leone, Foday Sankoh and his RUF
soldiers are not the only ones responsible for the widespread crimes
of war in Sierra Leone. All factions, including soldiers of ECOMOG,
the Nigerian led UN peacekeeping mission, the Sierra Leone Army, the
RUF and other rebel factions are guilty of violations.
One researcher calls it a human rights mess
saying that all sides have broken the rules of the Geneva
Conventions on internal armed conflict.
For the most part, the Geneva Conventions govern the
rules of international conflicts. However, Common
Article 3,
of the Geneva Conventions applies to internal armed conflicts. It
sets forth minimum protections and standards of conduct to which the
State and its armed opponents must adhere and prohibits such flagrant
violations of human dignity as: murder, torture, ill-treatment, and
hostage-taking, all of which the RUF has committed. Moreover,
Additional Protocol II to the Geneva Conventions, which specifically
addresses internal conflicts, prohibits the bulk of the RUF's
tactics.
The RUF specifically are guilty of: massacres; individual
murders; the use of civilians as human shields; mutilation and
amputation; rape and sexual assault; abduction and violations of
medical neutrality-all violations of Common Article 3.
The RUF's practice of recruiting children is a violation
of the Additional
Protocol II, Article 4,
which prohibits the use of children under 15 as fighters. The RUF's
other common practice, that of forcefully drugging civilians, is not
specifically prohibited by the Geneva Conventions, but under
Additional Protocol II the prohibition of violence to the life,
health and physical or mental well-being of persons, is
probably sufficiently wide to include forceful drugging.
The other players in Sierra Leone's war include ECOMOG
(the Nigerian-led intervention force that helped the Sierra Leone
government cling to power throughout the RUF assault on the country)
and the Sierra Leone military and police forces.
Journalists and human rights organizations have
documented major human rights violations, especially in retaliation
against the RUF, but their violations are reportedly nowhere near the
scale of the rebels. ECOMOG and the Sierra Leone Army have been
accused, however, of summary executions, looting, unlawful detention
and failure to minimize civilian casualties.
If it is possible to quantify levels of horror, perhaps
the worst was in January 1999 when the RUF attacked Freetown, venting
their aggression and attacks on civilians.
Deemed Operation No Living Thing, the assault
is estimated to have taken the lives of 6,000 civilians in just two
weeks. Some of the worst offenders were child-solders going under
gruesome noms de guerre who amputated limbs seemingly without
forethought.
One infamous commander was a young girl known as
Queen Cut Hands. They rampaged through the city burning
homes and forcing out or killing the occupants. Of the bodies that
piled up at the Connaught Hospital morgue, few were soldiers.
With substantial help from Nigerian peacekeepers who were
serving in Sierra Leone as part of ECOMOG, government troops
successfully pushed the RUF out of Freetown in late January. But
shortly thereafter, Nigeria announced that it would have to withdraw
from Sierra Leone because it could no longer sustain the $1 million
per day pricetag of the mission. Britain promptly pledged 1 million
pounds to ECOMOG troops and implored other nations to do the same.
Simultaneously, Britain dispatched the Royal Navy Frigate Norfolk to
provide medical supplies and other humanitarian assistance for Sierra
Leone and drew up a plan to send troops into the country to assist
ECOMOG.
The United States, however, did not want to commit funds
to either the Sierra Leone government or ECOMOG to defeat the RUF.
Rather, the Americans lobbied Britain to abandon the military option
and pressured the Sierra Leone government to negotiate with the RUF
in the hopes of reaching a peace deal. In particular, the Americans
urged Sierra Leone President Ahmad Tajan Kabbah to release Foday
Sankoh, who had been jailed on charges of treason, and include him in
peace talks. In May US Special Envoy to Africa, Jesse Jackson,
brokered a ceasefire agreement and on July 7, the two sides signed
the Lome Peace Accords, which not only made Sankoh the vice-president
of Sierra Leone and gave him effective control of the country's
diamond mines, but also issued a blanket amnesty for atrocities
committed during the war.
Whether or not the amnesty included war crimes, crimes
against humanity and serious violations of human rights and
humanitarian law, or only crimes against the Sierra Leone State, is
open to some question. Article
6, paragraph 5 of Additional Protocol
II
encourages States to grant the broadest possible amnesty to persons
who have participated in the armed conflict when a peace agreement is
signed. The intent is to allow for some scope of truth and
reconciliation in order to return to a lasting peace with minimal
acrimony. However, legal experts argue that such amnesties are aimed
at offenses committed under national law by members of rebel or
government forces and, perhaps, minor or technical war crimes, but
not serious war crimes, such as those perpetuated by the RUF.
Human rights activists agree that the amnesty does not
apply to war crimes. Shortly after the accord was signed, Human
Rights Watch wrote a letter to UN Secretary General Kofi Annan,
urging him to state publicly that it did not apply to crimes of
genocide, crimes against humanity, war crimes or serious violations
of human rights-a position that other human rights
organizations backed. Shortly thereafter, Annan announced that he did
not consider the United Nations to be bound by Lome's amnesty. But
even had he not made the statement, the Lome amnesty would only have
covered crimes committed before the accord was signed, and as
subsequent events would bare out, many more atrocities would be
committed in the wake of the peace deal.
Despite the Lome Accords, the RUF continued its campaign
to wield control over Sierra Leone's diamond mines, and renewed their
campaign of overrunning villages hacking off the limbs of civilians
who got in their way. In May 2000, less than a year after the peace
agreement, the RUF launched another assault on Freetown.
The rebels, high on crack, marijuana, speed and cheap gin
they drink from plastic containers, abducted some 500 UN soldiers
from their bases and held them hostage. When the United Nations
announced that the RUF was once again on the outskirts of the city,
the news triggered pandemonium. With fresh memories of the rebels
storming the city just a year earlier, nearly all of the foreign aid
workers cleared out to seek shelter in Guinea, Gambia or Senegal,
leaving ordinary Sierra Leoneans to fend for themselves against the
rebels. The city descended into chaos, but government troops, backed
by UN troops and pumped up by a deployment of British special forces,
held out and pushed back the RUF.
British troops secured the capital and provided some
sense of security to the war-weary civilians, and the United States
appealed to the president of neighboring Liberia Charles Taylor, the
man who allegedly armed and trained the RUF, to negotiate with the
rebels in the hope of establishing yet another ceasefire.
By the fall of 2000, British troops launched a
spectacular jungle raid to re-capture UN soldiers who had been taken
hostage by the RUF in late summer, and it seemed as if
Operation No Living Thing, Part II had been halted. But
as British troops began withdrawing with a pledge to train and arm
the Sierra Leone Army for three years, the RUF began stepping up its
attacks against civilians.
Western governments are now making efforts to help the
Sierra Leone government regain control of the country. In addition to
training government forces, the British recently deployed a rapid
reaction force to Sierra Leone to deter RUF rebels. They are also
helping the Sierra Leone army prepare for an offensive against the
RUF should the current ceasefire break down. The United States, in
the last months of the Clinton Administration, sent hundreds of U.S.
troops to Nigeria to train and equip West African battalions for
participation in the UN peacekeeping mission in Sierra Leone. Most
recently, the UN Security Council voted to establish a Special Court
in Sierra Leone to prosecute war crimes. But how long the remaining
UN and Sierra Leone government forces can hold off another bloody
rebel assault, is a guess that no one in Freetown wants to wager.
Related
Items by Topic
NATO
and the Geneva Conventions
Kosovo:
Case Study
Deportations
Mass
Graves
Categories
of War Crimes
United
Nations and the Geneva Conventions
Article
3 Common to the Four Geneva Conventions of 1949
The Lome Peace Accords: The View From
Washington
A
"Special Court" for Sierra Leone's War
Crimes
Deadly
Competition
UN Secretary-General's Bulletin on
Applicability of IHL to UN Forces