[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 13966-13967]
[From the U.S. 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 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

[[Page 13967]]

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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