The Taylor Judgment and Child Soldiers

(My thanks for the opportunity to contribute this introductory post, another of IntLawGrrls' several posts on the Charles Taylor judgment, part of the Sierra Leone accountability series)

Trial Chamber II of the Special Court for Sierra Leone found Charles Taylor guilty yesterday of each of the eleven counts for which he was charged, including for conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities.
 This is not the first conviction by the Special Court for this war crime, a violation of international humanitarian law, recognized under article 4(c) of its Statute. In fact, the Special Court broke new ground when it convicted three Armed Forces Revolutionary Council (AFRC) leaders for these crimes, in 2007: the very first time individuals were found guilty by an international or hybrid court for recruiting or using ‘child-soldiers’ (Judgment of Trial Chamber II – AFRC case). These convictions were followed by others before the SCSL, ultimately paving the way for the recent decision of the International Criminal Court, which convicted Thomas Lubanga Dyilo for recruiting children under the age of 15 years into his armed group, or for using them to participate actively in hostilities.
The Taylor judgment has added to the growing jurisprudence on ‘child soldiers’ by convicting an individual for aiding and abetting others in the conscription or enlisting of children under 15 into armed forces/groups, or using them to participate actively in hostilities. It will be interesting to see, once the judgment is available, how the Chamber applied this mode of liability to a crime for which knowledge of the age of the victims is essential. From the summary judgment available here, it appears that the Chamber found that Charles Taylor knew that RUF soldiers, under the command of NPFL officers, abducted civilians in Sierra Leone, including children, forcing them to fight within the NPFL/RUF forces against the Sierra Leonean forces and ULIMO (para. 126 of the summary judgment). As early as August 1997, when he became President of Liberia, he was informed in detail of the crimes committed in Sierra Leone, including the abduction of children (para. 129 of the summary judgment).
When reading the judgment, judge Richard Lussick, the presiding judge, recalled that:

'[…] the operational strategy of the RUF and AFRC was characterised by a campaign of crimes against the Sierra Leonean civilian population, including murders, rapes, sexual slavery, looting, abductions, forced labor, conscription of child soldiers, amputations and other forms of physical violence and acts of terror. These crimes were inextricably linked to how the RUF and AFRC achieved their political and military objectives […They ] pursued a policy of committing crimes in order to achieve military gains at any civilian cost, and also politically in order to attract the attention of the international community and to heighten their negotiating stance with the Sierra Leonean government.'

(Paragraph 150 of the summary judgment). On this basis, the conscription of children in Sierra Leone seems to have served a dual goal; it was a way to pursue this policy of criminal campaign against Sierra Leonean civilians, victimizing children and their entire families; and in turn, the children, once associated with the armed groups, were used as instruments to commit atrocities and further this policy.
Brenda Hollis (right), the SCSL Prosecutor, commenting on the conviction for recruiting and using child soldiers, declared:

'Children were taken from their families, and not only used to fight, but also to commit crimes against their fellow Sierra Leoneans. This robbed these children of their childhood, and the judges have sent a clear message that this will never be tolerated.'

Another aspect of the judgment that should hopefully prove interesting is the Chamber’s approach to defining the terms ‘use to participate actively in hostilities’, and whether it confirms the earlier SCSL jurisprudence on this, or departs from it.
To date, ‘active participation’ has been interpreted somewhat expansively by the SCSL, apparently in an attempt to include the many roles performed by children associated with armed groups and forces, notably by girls, who may be ‘used’ as sexual slaves or in other non-combat roles. This broad understanding has been enthusiastically supported by those seeking to remedy past trends, where girls were too often excluded from the benefits of disarmament, demobilization and reintegration programs because they could not turn in a gun. However, there is potentially a risk in too broadly defining ‘use to participate’ especially from an IHL targeting perspective, where individuals deemed to directly participate in hostilities lose their protection against direct attack. Perversely therefore, by trying to label more activities as child soldiering, one runs the risk of making more children open to attack.

Women's gauntlet

An amazing few days, for women, and for anyone who cares about about the rights of all humans.
Yesterday in Oslo, the 2011 Nobel Peace Prize was shared by 3 women (prior post) -- Ellen Johnson Sirleaf (below, far right) and Leymah Gbowee of Liberia, along with Tawakkol Karman of Yemen,

'for their non-violent struggle for the safety of women and for women’s rights to full participation in peace-building work.'

Tomorrow in New York, 2 women are slated to become the 1st women ever elected to 2 leadership positions in the International Criminal Court: Fatou Bensouda (below, far left) of Gambia, to the post of chief Prosecutor of the ICC, and Tiina Intelmann (below, near left) of Estonia, to the Presidency of the Assembly of States Parties, the ICC's governing body. Up to 2 women may be elected to join others already on the ICC bench.
There is much to celebrate in this recognition of the achievement of talented and dedicated women -- those named, and the many on whose shoulders they stand. At a press conference before accepting her prize, Gbowee (below, center) exulted:

'No longer will the world exclude us.'

But there is also much yet to be done.
The countries and regions from which the newest Nobel Peace laureates hail are troubled. Last month's troubled election in Liberia exposed divisions there. Yemen's President, the target of protest all this year, remains in power, though he's promised to leave in February. Killings continue in Syria, whose leader was singled out for criticism by the Nobel Committee Chair during the awards ceremony. Referring to "security and military officials" who repress "the revolutions of the Arab spring," Karman (above, left) insisted in her Nobel lecture that "these people should be brought to justice before the International Criminal Court." (credit for AP/John McConnico photo)
Her remarks underscored the degree to which the almost-10-year-0ld ICC has become to be seen as a People's Court -- a forum where all the world's aggrieved may go to seek justice. Just in the last few months, such pleas have concerned not only "Arab Spring" countries, but also Mexico, Thailand, and the Vatican.
Such high expectations have yet to be met. Detractors have been quick to criticize the court. Even supporters have expressed disappointment. It remains an open question whether the ICC can deliver on its promise of justice, even in the narrowest criminal-law sense, not to mention the broader, restorative sense in which the term often is invoked.
Thus the new leaders will need to handle matters with professional dispatch, to develop means for processing the world's complaints, to balance victims' demands for justice against the imperative of the rights of the accused.
The new leaders will need to give coherent shape to the court's docket. They will need to speak clearly with regard to the 2 surviving accused in the Libya situation. They'll need to move pending matters in places like Georgia, Korea, and Afghanistan -- and Palestine. How these are handled is crucial, if the court is to evolve into an independent authority within the global sphere.
All will have to be done despite chronic shortages of international political will and international financing. Neither the pre-emptive immunization of some states' nationals, nor the refusal to allot new funds for new matters, promises genuine justice. The new leaders will need to find a way to push back against provisos like these, which appeared in U.N. Security Council referrals of Darfur and Libya.
The gauntlet is cast. Come next year, even as Nobel laureates and others continue their rights work, it will fall to these new leaders to prove the mettle of the court.

Women & justice in conflict: Beyond rape victims

(Delighted to welcome back alumna Phuong Pham, who contributes this guest post)

Yesterday, the UN Security Council debated ways to strengthen women’s participation and role in conflict prevention and mediation. (photo credit)
Meaningful participation and leadership from women at all stages of the peace process—from prevention to peace building—is key to building inclusive societies and fundamental towards achieving sustainable peace. The work of recent Nobel Peace Prize winners, Sirleaf, Gbowee and Karman, should stand as a powerful testament to the critical role of women in peace building and reconstruction.
During the Security Council meeting Michelle Bachelet (right), the Executive Director of UN Women, stated that the UN will seek to increase post-conflict funding by 15% to support efforts on women empowerment and gender equality. (photo credit)
The UN should take this opportunity to focus on the role of women in bringing a more just and accountable society.
The eastern Democratic Republic of the Congo provides a salient example of women’s limited access to justice. In a region that is known as ‘the rape capital of the world,’ there has been encouraging progress over the last decade to ensure that perpetrators of conflict-related sexual violence are brought to justice. According to survey data, as many as 1 in 4 women experienced conflict-related sexual violence. In 2010, an astounding 16,000 cases were reported, but still many more have gone unreported. The use of rape as a weapon of war is an abject crime that has been internationally condemned, and women now have more opportunity to report the violence they suffered and see the cases brought to justice. In 2010 alone, based on the UN Development Programme court monitoring data, 3,111 cases of sexual violence were filed in the justice system in North and South Kivu and Ituri. (map credit) A small number of militia and military, including 16 commanders, have been found guilty for sexual violence committed by their troops.
UNDP’s court monitoring program is a powerful tool to hold the justice sector accountable to women. It is part of a larger program to support women’s political, economic, and social empowerment. Police officers, judges, and lawyers have been trained to ensure that crimes of sexual violence are treated adequately and that courts follow fair trials standards that are sensitive to the rights of the victims. Mobile courts, about which IntLawGrrl Kelly Askin has posted, have also been set up to overcome the lack of physical access to courts. Congolese prosecutors have initiated important investigations in cases where brutal violence was committed against civilian women.
Despite this progress, much remains to be done. Increasingly, sexual violence cases are filed in courts. However, the court monitoring work showed that out of the 3,111 cases filed in 2010, by the end of the year, a decision had been obtained only for 305. Civil damages awarded by these decisions remain to be paid to all victims. Research that my colleagues and I have conducted in the Congo also shows that women are less knowledgeable about the Court system, and less likely to have heard about the International Criminal Court, which is currently prosecuting several cases related to the conflict. The results point to the need to do more to reach out to women and to ensure that conflict-related sexual violence is effectively prosecuted and that judicial decisions are executed.
It is equally important to ensure that an adequate response is provided to other forms of violence against women.
An unintended consequence of the single focus on prosecuting conflict-related sexual violence is that there are few resources to assist survivors of other forms of violence against women, including pillaging, beating, abduction, or the killing of a family member, as well as non-conflict-related violence and inequalities. In 2010, sexual and gender-based violence represented about half the decisions in criminal cases in eastern Congo. These crimes must be prosecuted. However, addressing conflict-related sexual violence in isolation of other forms of violence against women will do little to strengthen women’s participation in—and access to—justice.
In effect, the current system may be creating two classes of victims—those who deserve assistance and those who do not; and two classes of crimes—those worthy of investigation and those that are not.
There is an urgent need to consult with women to better understand the role that they see for themselves in rebuilding their country. Strengthening women’s role and access to justice, combating inequalities across all spectrums of civilian life, and acknowledging their role as fully fledged citizens must be seen as fundamental to building inclusive, democratic, and ultimately peaceful societies.

Look On! Women, war, peace

(Look On! takes occasional note of noteworthy productions.)

Tonight will air the 1st episodes of a new series, Women, War & Peace, on many Public Broadcasting Service television stations.
According to the website, the 5 parts will run from now through early November. It will look at a number of conflicts, including in Bosnia, Liberia, Afghanistan, and Colombia. Among the persons featured (along with various Hollywood types) is Leymah Gbowee, who, as posted, was a co-winner last week of the 2011 Nobel Peace Prize.
Check local listings for times in your area. The DVD is available here.
Can only hope this series is well done -- though a post dated October 3 on the home page of the series' rather confusing website gives pause.
The title of the post?
"What's Your Favorite Book on Women in War?"
As if being caught up in armed conflict were some kind of literary opportunity.
PBS ought to know, and do, better.

Peace-builders

The 2011 Nobel Peace Prize goes to 2 Liberians, President Ellen Johnson Sirleaf (below left) and Leymah Gbowee (below right), and to Tawakul Karman of Yemen (left). (credit for photos courtesy of the Nobel site)
The statement on the Nobel Committee's website honors the women

'for their non-violent struggle for the safety of women and for women’s rights to full participation in peace-building work.'

Achievements of these laureates:
► Johnson Sirleaf, as we've posted, is the 1st woman to have been elected President of a country in Africa. She's guided her country through difficult times in the aftermath of decades of war presided over by her immediate predecessor, Charles Taylor, who's now in custody at The Hague, awaiting the verdict of the Special Court for Sierra Leone. Johnson Sirleaf, 72, is now in a tough re-election campaign.
► Gbowee, 39, is the Executive Director of the Women Peace and Security Network Africa, a Ghana-based organization about which we've posted. In Liberia, she founded a women's peace organization that helped to bring civil war to an end.
► Karman (prior post), a 32-year-old journalist and activist mother of 3 children, is the 1st Arab woman to win the prize. She's a leader of the "Arab Spring" pro-democracy movement -- a movement in which, as we've posted, Yemeni women have played a key role.
Asked to comment on Karman's honor, another woman peace activist who'd been nominated for the prize, Eygpt's Asmaa Mahfouz, told reporters:

'Giving it to Yemen means giving it to the Arab Spring. This is an honor to all of us and to all Arab states.'

The 3 are the 1st women to win the Nobel Peace Prize since 2004. That year the Committee honored Kenyan Wangari Muta Maathai, who died just days ago.