[Congressional Record Volume 149, Number 82 (Thursday, June 5, 2003)]
[Senate]
[Pages S7466-S7467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDICTMENT OF CHARLES TAYLOR
Mr. LEAHY. Mr. President, yesterday I wanted to give a statement on
the indictment of Charles Taylor by the Special Court in Sierra Leone,
but due to the rapidly changing events in West Africa and the lack of
floor time because of extensive debates on the Defense Authorization
and Energy bills, I did not get an opportunity. What follows is the
statement that I sent to the State Department, Special Court, and
United Nations officials, yesterday, expressing my views on this
serious issue.
I rise today to voice my strong support for the decision of
the Special Court for Sierra Leone to indict Charles Taylor
for ``bearing the greatest responsibility for war crimes,
crimes against humanity, and serious violations of
international humanitarian law in Sierra Leone.'' I commend
the Court's prosecutor, David Crane, for taking this decisive
action.
Since its inception, the Special Court has moved swiftly to
indict key figures allegedly involved in some of the worst
atrocities that occurred during the brutal civil war in
Sierra Leone during the late 1990s. The Court has also made
it a priority to emphasize outreach programs to further the
reconciliation process and promote the rule of law throughout
the country.
Despite important progress, we all know that the Court's
work would be grossly deficient if those most responsible for
these crimes were not brought to justice because they were
too hard to catch, were high officials of a foreign
government, or no longer resided inside of Sierra Leone. It
would be like the United States deciding against pursuing the
perpetrator of an act of terrorism on American soil, that
killed or maimed thousands of individuals, because he left
the country or was a high-ranking official in a foreign
government. That would be unacceptable.
That is precisely why Congress expressed its clear intent
that the Special Court for Sierra Leone should pursue those
most responsible, irrespective of where they currently
reside.
In the report that accompanied the Senate version of the
Fiscal Year 2002 Foreign Operations bill, Report 107-58,
Congress stated in unambiguous terms: ``To build a lasting
peace, the Committee believes that it is imperative for the
international community to support a tribunal in order to
bring to justice those responsible for war crimes and other
atrocities in Sierra Leone, irrespective of where they
currently reside.''
This statement was later endorsed by the Conference Report to the
Fiscal Year 2002 Foreign Operations bill, Report 107-345, which put the
House of Representatives on record on this issue as well.
Even before these reports were issued, Senators Feingold, Frist,
McConnell and I wrote a letter to Secretary Powell, dated June 20,
2001, which stated: ``Because some of the individuals most responsible
for the atrocities in Sierra Leone are no longer in the country, we
believe it is imperative that the tribunal has the authority to
prosecute culpable individuals--including senior Liberian officials--
regardless of where they reside. This will prevent such persons from
escaping justice simply by leaving the country.''
I can safely say that we had one individual especially in mind when
we drafted that text: Charles Taylor. I was the principal author of the
letter and two Congressional reports referenced above.
The involvement of Charles Taylor in the conflict in Sierra Leone is
well documented and I will not go into great detail here. I will simply
say that there is no doubt in my mind that he deserves to be brought to
justice before the Special Court.
To its credit, the State Department took the advice of Congress. The
State Department successfully negotiated an agreement that established
the Special Court for Sierra Leone and which did
[[Page S7467]]
not contain geographic restrictions on the Prosecutor, allowing him to
go after Charles Taylor.
Perhaps the Prosecutor for the Court, David Crane, best described the
Special Court's mandate: ``My office was given an international mandate
by the United Nations and the Republic of Sierra Leone to follow the
evidence impartially wherever it leads.''
Today, acting on information that Charles Taylor was traveling to
Ghana, the Special Court unsealed an indictment for Charles Taylor,
originally approved March 7, 2003, and served the outstanding warrant
for his arrest on Ghanaian authorities and transmitted the arrest
warrant to INTERPOL.
Again, I commend the prosecutor for taking this step. While I
understand there are some, including in the Administration, who are
concerned about the impact that this may have on the peace process now
underway in West Africa, I agree with Mr. Crane's comments on this
sensitive issue:
To ensure the legitimacy of these negotiations, it is
imperative that the attendees know they are dealing with an
indicted war criminal. These negotiations can still move
forward, but they must do so without the involvement of this
indictee. The evidence upon which this indictment was
approved raises serious questions about Taylor's suitability
to be a guarantor of any deal, let alone a peace agreement.
The Ghanaian Government needs to act immediately. It needs to uphold
the basic tenants of international law, apprehend Charles Taylor and
hold him until arrangements can be made to transfer him to the Court.
In addition, the State Department needs to send an unequivocal message
to Accra that action on this issue is urgently needed.
This may be the only chance that we get for years to bring Charles
Taylor to justice. It is imperative that, in its most important moment
thus far, the United States and Ghana do everything in their power to
apprehend Charles Taylor. If this does not occur, the world will have
missed a golden opportunity to bring to justice one of the world's most
heinous war criminals and advance the cause of international justice.
In closing, I would like to read into the Record Mr. Crane's
statement issued today that describes the situation concerning Charles
Taylor:
Today, on behalf of the people of Sierra Leone and the
international community, I announce the indictment of Charles
Ghankay Taylor, also known as Charles Ghankay Macarthur
Dapkpana Taylor.
The indictment accuses Taylor of ``bearing the greatest
responsibility'' for war crimes, crimes against humanity, and
serious violations of international humanitarian law within
the territory of Sierra Leone since 30 November 1996. The
indictment was judicially approved on March 7th and until
today, was sealed on my request to the Court.
My office was given an international mandate by the United
Nations and the Republic of Sierra Leone to follow the
evidence impartially wherever it leads. It has led us
unequivocally to Taylor.
Upon learning that Taylor was travelling to Ghana, the
Registrar of the Special Court served the outstanding warrant
for his arrest on Ghanaian authorities and transmitted the
arrest warrant to INTERPOL. This is the first time that his
presence outside of Liberia has been publicly confirmed. The
Registrar was doing his duty by carrying out the order of the
Court.
Furthermore, the timing of this announcement was carefully
considered in light of the important peace process begun this
week. To ensure the legitimacy of these negotiations, it is
imperative that the attendees know they are dealing with an
indicted war criminal. These negotiations can still move
forward, but they must do so without the involvement of this
indictee. The evidence upon which this indictment was
approved raises serious questions about Taylor's suitability
to be a guarantor of any deal, let alone a peace agreement.
I am aware that many members of the international community
have invested a great deal of energy in the current peace
talks. I want to make it clear that in reaching my decision
to make the indictment public. I have not consulted with any
state. I am acting as an independent prosecutor and this
decision was based solely on the law.
I also want to send a clear message to all factions
fighting in Liberia that they must respect international
humanitarian law. Commanders are under international legal
obligation to prevent their members from violating the laws
of war and committing crimes against humanity.
In accordance with Security Council resolutions 1315, 1470,
and 1478, now is the time for all nations to reinforce their
commitments to international peace and security. West Africa
will not know true peace until those behind the violence
answer for their actions. This office now calls upon the
international community to take decisive action to ensure
that Taylor is brought to justice.
Mr. FEINGOLD. Mr. President, yesterday the Special Court for Sierra
Leone unsealed an indictment of President Charles Taylor of Liberia.
Taylor is accused of crimes against humanity, war crimes, and serious
violations of international humanitarian law. I commend the Court for
taking its mandate seriously and for following the evidence where it
led--directly to a sitting head of state.
I have long been a strong supporter of accountability mechanisms in
Sierra Leone--both the Special Court and the Truth and Reconciliation
that will address the horrible crimes committed by the foot soldiers in
the field--soldiers who were, all too often, children. I have worked to
ensure that the United States provides appropriate financial support to
these mechanisms, and I have raised the importance of our political
support at the highest levels. West Africa must break the cycle of
violence and impunity, and all of us in the international community
have a role to play in that effort.
The Special Court is charged with prosecuting those who bear the
greatest responsibility for serious violations of international
humanitarian law committed in Sierra Leone since November 1996. For
over a decade, Sierra Leone was one of the most insecure places on
Earth. Civilians not only suffered from deprivation and displacement,
they also had to contend with the forced recruitment of child soldiers,
widespread and brutal sexual violence, and horrifying murders and
mutilations. Those responsible for these crimes abandoned all human
decency in their simple quest for power and wealth.
The indictment announced yesterday had been sealed for months, but
for years there has been no secret about one basic fact--Charles Taylor
is a war criminal. I said so years ago, and it remains true today. He
should be brought before the Court and held accountable for his
actions.
I also strongly support continued American efforts to isolate and
pressure the Taylor regime. But at the same time, the situation of the
Liberian people cannot be overlooked. Pressuring and condemning Taylor
is not a complete policy toward this troubled and volatile country. The
armed rebel groups currently fighting for dominance in Liberia have
proven all to willing to prey on Liberian civilians in their own lust
for power. We must ask ourselves, what will Liberia look like in 10
years, and what will that mean for the Liberian people, for the West
African region, and for international criminal networks? What steps can
be taken today to influence that outcome? And then we must muster the
will and the means to act before the trend most recently exemplified by
crisis in Cote d'Ivoire dominates the region.
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