This article appeared earlier in allAfrica.com.

The Special Court for Sierra Leone was created by the Sierra Leone government and the United Nations. Its mandate is to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in Sierra Leone since November 30, 1996.

While at first the Special Court seemed like the answer to Sierra Leone’s eleven-year civil war, it has now become an instrument that could perpetuate civil war hatred, as the main perpetrators cannot be tried. Other troubling aspects of the Special Court include double standards and racism. The situation prompted even the former British High Commissioner to Sierra Leone during the war years, Peter Penfold, to question the value of the war crimes tribunal. He is also quoted as saying that the court “has outlived its usefulness as such and it should be disbanded.” In essence, the continuation of the Special Court could create the conditions for another civil war in Sierra Leone.

First, of the 13 individuals who have been indicted so far, only eight have been arrested and held in a new prison complex next to the court buildings. The most troubling aspect of the eight in prison is the inclusion of the leaders of the Civil Defense Forces (CDF), Chief Sam Hinga Norman, Moinina Fofana and Allieu Kondewa. The Kamajors, who are traditional hunters, are the backbone of the CDF. Many people throughout Sierra Leone consider members of the CDF and especially Norman to be heroes for having liberated Sierra Leone from the rebels. The Kamajors used the bush skills and traditional knowledge of forest dwellers to combat the Armed Forces Revolutionary Council (AFRC), which had overthrown the elected government of Ahmed Tejan Kabbah in 1997 aided by the Revolutionary United Front (RUF). Under the leadership of Norman, the CDF collaborated with UN peacekeeping forces and British troops to end the conflict. Norman was later arrested while serving as internal affairs minister in the present government headed by Kabbah.

Meanwhile, many major culprits of the war are either dead, missing, have found asylum, or have not been indicted. The founder of the RUF, Foday Sankoh, died of a stroke while in custody in 2002. His top field commander, Sam “Mosquito” Bockarie, was killed in a shootout in Liberia in May of 2003. The AFRC leader, Johnny Paul Koroma, has disappeared since December of 2002. He is believed to be in Liberia or dead. The most prominent name of all, former Liberian President Charles Taylor, accused of arming and training the RUF in exchange for “blood diamonds,” was given a safe haven in Nigeria in August of 2003 to pave the way for a peaceful resolution of the conflict in his own country.

Also troubling is that Kabbah and the foreign arms suppliers who helped fuel the brutal war have not been indicted. In his 30-page report to the Truth and Reconciliation Commission (TRC), the United States-based spokesman of the CDF, Rev. Alfred Sam Foray, provided evidence that reveals Kabbah’s support for and approval of CDF activities. Officials of Sandline International, a private military company, have long since been exposed for supplying weapons to Kabbah. The company and Kabbah’s government entered into some contract to train the hunters and had a deal to hire mercenaries. Sandline International is also reported to be currently operating in Iraq. In addition, Victor Bout, who is said to be notorious for delivering sophisticated weapon systems virtually everywhere in the world to all sorts of terrorist and rebel groups, was reported to have supplied weapons to warring parties in Sierra Leone. It was recently reported that Bout is now working for the United States in Iraq.

Second, the creation of the Special Court reflects a series of double standards. In the case of South Africa, after over one hundred years of whites killing, maiming, raping, torturing, and dehumanizing blacks, the United Nations and Western powers pushed for a Truth and Reconciliation Commission that would give perpetrators immunity from prosecution. However, for Sierra Leone, both a TRC and a Special Court were instituted. The TRC would not provide immunity, and the Special Court has the power to prosecute and sentence those found guilty.

Another double standard is evident when one considers that the biggest sponsors of the court are the United States and Great Britain, which have contributed about $120 million to the effort. The prosecution team is run by Americans. But ironically, the United States has refused to be a member of the International Criminal Court (ICC) and has sought ways to undermine the ICC. One could not help but wonder whether Kabbah’s non-indictment by the Special Court is due to the fact that he signed on to the American effort, an action that was criticized by many organizations, including Amnesty International and Campaign for Good Governance.

Third, some of the statements that have been made by the Special Court’s lead prosecutor, David Crane, a white American, seem to reflect a racist attitude. For instance, during a May 16, 2003 speech, Crane stated that “…the devil is alive and he lives in West Africa.” This statement is reminiscent of the colonial days when Europeans referred to Africans as “heathen,” “uncivilized,” “backward,” “cannibals,” and “monkeys.” Even the poet Rudyard Kipling called dark-skinned people “half devil.” On the Special Court and the justice system in general, Crane stated that “Believe it not, we don’t have a lot of challenges. My challenge is more taking care of my people and keeping them healthy – both mentally and physically. It’s a tough place to live and work. Some of us have been there and fully understand the challenges to that.” So after trashing Sierra Leone’s legal system, Crane went on to elaborate on the only challenge – i.e. the white man’s grave challenge.

Finally, the Special Court’s activities are sowing the seeds for another civil war in Sierra Leone. The Kamajor did not emerge for the pursuit of short-term and narrow interests. The traditional society has been deeply entrenched in the country’s culture for hundreds of years. Its members and their relatives and friends comprise about one-third of the country’s population. As a trained traditional hunting society, its duty has always been to defend the community. The perception that its leaders are being made scapegoats for the millions of dollars that have been spent on the court will have serious consequences in the very near future. The signs of this are already evident in the recent local elections countrywide, as those considered to be supporters of the Special Court were soundly defeated in many electoral constituencies.

Abdul Karim Bangura is Researcher-In-Residence at the Center for Global Peace and Assistant Professor of International Relations in the School of International Service at American University &Director of The African Institution, Washington, DC. He can be contacted at [email protected].