United Nations Security Council Resolution 1315 – Sierra Leone
Resolution 1315 (2000)
The Security Council:
Deeply concerned at the very serious crimes committed within the territory ofSierra Leone against the people of Sierra Leone and United Nations and associatedpersonnel and at the prevailing situation of impunity,
Commending the efforts of the Government of Sierra Leone and the Economic Community of West African States (ECOWAS) to bring lasting peace to SierraLeone,
Noting that the Heads of State and Government of ECOWAS agreed at the23rd Summit of the Organization in Abuja on 28 and 29 May 2000 to dispatch aregional investigation of the resumption of hostilities,
Noting also the steps taken by the Government of Sierra Leone in creating anational truth and reconciliation process, as required by Article XXVI of the LoméPeace Agreement (S/1999/777) to contribute to the promotion of the rule of law,
Recalling that the Special Representative of the Secretary-General appended tohis signature of the Lomé Agreement a statement that the United Nations holds theunderstanding that the amnesty provisions of the Agreement shall not apply tointernational crimes of genocide, crimes against humanity, war crimes and otherserious violations of international humanitarian law,
Reaffirming the importance of compliance with international humanitarian law,and reaffirming further that persons who commit or authorize serious violations of international humanitarian law are individually responsible and accountable for those violations and that the international community will exert every effort to bring those responsible to justice in accordance with international standards of justice,fairness and due process of law,
Recognizing that, in the particular circumstances of Sierra Leone, a crediblesystem of justice and accountability for the very serious crimes committed therewould end impunity and would contribute to the process of national reconciliation and to the restoration and maintenance of peace,
Taking note in this regard of the letter dated 12 June 2000 from the Presidentof Sierra Leone to the Secretary-General and the Suggested Framework attached toit (S/2000/786, annex),
Recognizing further the desire of the Government of Sierra Leone for assistance from the United Nations in establishing a strong and credible court that will meet the objectives of bringing justice and ensuring lasting peace,
Noting the report of the Secretary-General of 31 July 2000 (S/2000/751) and,in particular, taking note with appreciation of the steps already taken by the Secretary-General in response to the request of the Government of Sierra Leone toassist it in establishing a special court,
Noting further the negative impact of the security situation on the administration of justice in Sierra Leone and the pressing need for international cooperation to assist in strengthening the judicial system of Sierra Leone,
Acknowledging the important contribution that can be made to this effort by qualified persons from West African States, the Commonwealth, other Member States of the United Nations and international organizations, to expedite the processof bringing justice and reconciliation to Sierra Leone and the region,
Reiterating that the situation in Sierra Leone continues to constitute a threat to international peace and security in the region,
- Requests the Secretary-General to negotiate an agreement with theGovernment of Sierra Leone to create an independent special court consistent withthis resolution, and expresses its readiness to take further steps expeditiously uponreceiving and reviewing the report of the Secretary-General referred to inparagraph 6 below;
2. Recommends that the subject matter jurisdiction of the special court should include notably crimes against humanity, war crimes and other serious violations of international humanitarian law, as well as crimes under relevant SierraLeonean law committed within the territory of Sierra Leone;
3. Recommends further that the special court should have personaljurisdiction over persons who bear the greatest responsibility for the commission ofthe crimes referred to in paragraph 2, including those leaders who, in committingsuch crimes, have threatened the establishment of and implementation of the peaceprocess in Sierra Leone;
4. Emphasizes the importance of ensuring the impartiality, independenceand credibility of the process, in particular with regard to the status of the judgesand the prosecutors;
5. Requests, in this connection, that the Secretary-General, if necessary,send a team of experts to Sierra Leone as may be required to prepare the reportreferred to in paragraph 6 below;
6. Requests the Secretary-General to submit a report to the Security Councilon the implementation of this resolution, in particular on his consultations andnegotiations with the Government of Sierra Leone concerning the establishment ofthe special court, including recommendations, no later than 30 days from the date ofthis resolution;
7. Requests the Secretary-General to address in his report the questions ofthe temporal jurisdiction of the special court, an appeals process including theadvisability, feasibility, and appropriateness of an appeals chamber in the specialcourt or of sharing the Appeals Chamber of the International Criminal Tribunals forthe Former Yugoslavia and Rwanda or other effective options, and a possiblealternative host State, should it be necessary to convene the special court outside theseat of the court in Sierra Leone, if circumstances so require;
8. Requests the Secretary-General to include recommendations on thefollowing:
(a) any additional agreements that may be required for the provision off the international assistance which will be necessary for the establishment andfunctioning of the special court;
(b) the level of participation, support and technical assistance of qualifiedpersons from Member States of the United Nations, including in particular, memberStates of ECOWAS and the Commonwealth, and from the United Nations Mission inSierra Leone that will be necessary for the efficient, independent and impartialfunctioning of the special court;
(c) the amount of voluntary contributions, as appropriate, of funds,equipment and services to the special court, including through the offer of expert personnel that may be needed from States, intergovernmental organizations and non-governmental organizations;
(d) whether the special court could receive, as necessary and feasible,expertise and advice from the International Criminal Tribunals for the Former Yugoslavia and Rwanda;
9. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 4186th meeting, on 14 August 2000.
