Prosecutor v. Brima, Kamara, and Kanu (AFRC Case) SC-SL (Case 16) 2008

Facts

a. On 20 June 2007, the Trial Chamber for the Special Court for accused , Ibrahim Bazzy Kamara, and Santigie Borbor Kanu of commiting numerous counts of some of the most heinous, brutual and atrocious crimes ever recorded in human history. b. Brima, Kamara, and Kanu were three of the highest-ranking generals in the Sierra Leonean Army at the time of conviction. c. The crimes committed by these men against helpless civilians include: Innocent civilians- babies, children, men and women of all ages- were murdered by being shot, hacked to death, burned alive, beaten to death. Women and girls were gang raped to death. Sons were forced to rape mothers and brothers forced to rape sisters. Complete human mutilation was used as signs of accomplishment, paraded in the villages that these men attacked. Hacking off the limbs of innocent civilians was commonplace. d. The defense notes that all three men previously had clean records. All men have circumstances where they now support families, and that all three men served the Sierra Leone army well from a young age and that they were clearly involved in activities that enhanced peace and reconciliation In Sierra Leone including work with the Red Cross and UNICEF.

Questions

a. Does the Special Court of Sierra Leone have jurisdiction to hear the case? b. Are Brima, Kamara, and Kanu responsible for the convictions that have been brought against them? c. Should previous good standing with Sierra Leone and its people have any affect on the outcome of the sentences of the accused. Does the fact that the men were high-ranking members of the army constitute a lessening of the sentences?

Decisions

a. The Special Court of Sierra Leone does hold jurisdiction for this case because the defendants were in the Sierra Leone army and the crimes mostly occurred within the Bombali District and Western are of Sierra Leone. b. It is without question that Brima, Kamara, and Kanu are guilty of the brought against them. The crimes in which all three men were responsible for were heinous, deliberate, brutal and targeted very large number of unarmed civilians and had a catastrophic and irreversible impact on the lives of the victims and their families. c. The previous good standings and roles of the men in the Sierra Leone are taken here as mitigating factors within the case. It is clearly noted that by spreading the peace and sometimes helping civilians, the men were doing their responsibilities within the country. d. Therefore, with these heinous, brutal and targeted attack on unarmed civilians in mind, the SC-SL has convicted all three men to acceptable prison terms with the principle that an appropriate penalty must be imposed in proportion with the wrongdoing. The Trial Chamber, for these reasons, sentences Alex Tamba Brima to a single term of fifty years in prison, sentences Ibrahim Bazzy Kamara to a single term of forty five years in prison, and sentences Santigie Borbor Kanu to a single term of fifty years in prison.

Principles

a. The key principle in this case was the recognition of crimes against humanity. The crimes committed were viewed as some of the most tragic and outrageous crimes ever committed in human history. b. The court foremost wanted to convey the message that globally accepted laws and rules have to be obeyed by everybody.

Conclusion

With undisputable evidence placed on these men for unthinkable crimes against humanity, they were all rightfully sentenced to prison terms. It was the men’s duty to keep the peace within Sierra Leone, but they rather committed heinous crimes against humanity.

Bibliography

Prosecutor vs. Brima, Kamara and Kanu (AFRC Case); SC-SL (Case 16) 2008

Submitted

John W. Hoy, 19 November 2009