Security Council resolution 1315 (2000) [on establishment of a Special Court for Sierra Leone]
[Establishing a special court in Sierra Leone]
Symbol: S/RES/1315(2000)
Date: 2000-08-14
Status: adopted
Agenda: S/55 [171] SIERRA LEONE--POLITICAL CONDITIONS
Subjects: Special Court for Sierra Leone|WAR CRIMES|CRIMINAL COURTS|SIERRA LEONE|CRIMES AGAINST HUMANITY|HUMAN RIGHTS VIOLATIONS|EXPERTS|BUDGET CONTRIBUTIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: BANGLADESH
vote: yes
country: CANADA
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JAMAICA
vote: yes
country: MALAYSIA
vote: yes
country: MALI
vote: yes
country: NAMIBIA
vote: yes
country: NETHERLANDS
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TUNISIA
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/1315 (2000)
               Security Council                                                Distr.: General
                                                                               14 August 2000




               Resolution 1315 (2000)
               Adopted by the Security Council at its 4186th meeting, on
               14 August 2000

                    The Security Council:
                     Deeply concerned at the very serious crimes committed within the territory of
               Sierra Leone against the people of Sierra Leone and United Nations and associated
               personnel 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 Sierra
               Leone,
                    Noting that the Heads of State and Government of ECOWAS agreed at the
               23rd Summit of the Organization in Abuja on 28 and 29 May 2000 to dispatch a
               regional investigation of the resumption of hostilities,
                    Noting also the steps taken by the Government of Sierra Leone in creating a
               national truth and reconciliation process, as required by Article XXVI of the Lomé
               Peace Agreement (S/1999/777) to contribute to the promotion of the rule of law,
                     Recalling that the Special Representative of the Secretary-General appended to
               his signature of the Lomé Agreement a statement that the United Nations holds the
               understanding that the amnesty provisions of the Agreement shall not apply to
               international crimes of genocide, crimes against humanity, war crimes and other
               serious 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 credible
               system of justice and accountability for the very serious crimes committed there
               would end impunity and would contribute to the process of national reconciliation
               and to the restoration and maintenance of peace,




00-60532 (E)
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S/RES/1315 (2000)


                     Taking note in this regard of the letter dated 12 June 2000 from the President
               of Sierra Leone to the Secretary-General and the Suggested Framework attached to
               it (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 to
               assist 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 process
               of 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,
                     1.    Requests the Secretary-General to negotiate an agreement with the
               Government of Sierra Leone to create an independent special court consistent with
               this resolution, and expresses its readiness to take further steps expeditiously upon
               receiving and reviewing the report of the Secretary-General referred to in
               paragraph 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 Sierra
               Leonean law committed within the territory of Sierra Leone;
                     3.    Recommends further that the special court should have personal
               jurisdiction over persons who bear the greatest responsibility for the commission of
               the crimes referred to in paragraph 2, including those leaders who, in committing
               such crimes, have threatened the establishment of and implementation of the peace
               process in Sierra Leone;
                    4.    Emphasizes the importance of ensuring the impartiality, independence
               and credibility of the process, in particular with regard to the status of the judges
               and 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 report
               referred to in paragraph 6 below;
                     6.    Requests the Secretary-General to submit a report to the Security Council
               on the implementation of this resolution, in particular on his consultations and
               negotiations with the Government of Sierra Leone concerning the establishment of
               the special court, including recommendations, no later than 30 days from the date of
               this resolution;




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                                                                                      S/RES/1315 (2000)


      7.    Requests the Secretary-General to address in his report the questions of
the temporal jurisdiction of the special court, an appeals process including the
advisability, feasibility, and appropriateness of an appeals chamber in the special
court or of sharing the Appeals Chamber of the International Criminal Tribunals for
the Former Yugoslavia and Rwanda or other effective options, and a possible
alternative host State, should it be necessary to convene the special court outside the
seat of the court in Sierra Leone, if circumstances so require;
     8.    Requests the Secretary-General to include recommendations on the
following:
      (a) any additional agreements that may be required for the provision of the
international assistance which will be necessary for the establishment and
functioning of the special court;
      (b) the level of participation, support and technical assistance of qualified
persons from Member States of the United Nations, including in particular, member
States of ECOWAS and the Commonwealth, and from the United Nations Mission in
Sierra Leone that will be necessary for the efficient, independent and impartial
functioning 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 nongovernmental 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.




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