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Last Updated: Wednesday, 10 March, 2004, 20:15 GMT
Bias row at Sierra Leone tribunal
Sierra Leone amputee
The war was marked by the deliberate maiming of civilians
The opening of the UN-backed war crimes court in Sierra Leone has been marred by accusations of bias against its president, Geoffrey Robertson.

Defence lawyers say the UK judge should quit because he criticised rebels the court is to try in a book he wrote before his appointment.

A BBC correspondent says the court's work will continue under a new judge if Mr Robertson is disqualified.

Militia chiefs are to stand trial for one of Africa's bloodiest civil wars.

The decade-long conflict in Sierra Leone was characterised by deliberate attacks on civilians, including murder, rape, torture and mutilation.

'Unacceptable bias'

The court aims to prosecute all those responsible for atrocities - irrespective of whether they came from the government's side, or from the rebels of the Revolutionary United Front (RUF).

But the court does not hold the main backer of the rebels, ex Liberian president Charles Taylor, who is currently in exile in Nigeria.

Defence lawyers acting for RUF commanders filed an application for the removal of Geoffrey Robertson as the tribunal's president.

They claim that a book he wrote before being appointed to the tribunal, in which he accuses the RUF of crimes against humanity, betrays an unacceptable stance that could prejudice their trials.

Terrorise

The new court follows the establishment of war crimes tribunals for the former Yugoslavia and Rwanda.

We want Africans to turn this African over to this African international war crimes tribunal, so he can be fairly tried before the bar
Prosecutor David Crane

But by creating a hybrid between a UN and a Sierra Leone court, the aim is to avoid the delays which have beset these international tribunals.

The opening ceremony took place amid tight security but was nonetheless a highly colourful affair.

The BBC's Mark Doyle in Freetown says the opening of the courthouse itself marks an important step, as Sierra Leone tries to move on from a devastating war.

The conflict left some 50,000 dead; hacking off of people's hands and feet to terrorise the population was common.

The court has nine senior militia leaders in detention from the government and rebel sides.

Legitimate fight

The court has also provoked protest over its indictment of Sam Hinga Norman, a leader of the pro-government militia.

I'm afraid you can fight on the side of the angels and nevertheless commit crimes against humanity
Desmond da Silva
Deputy prosecutor

Mr Hinga Norman says he was fighting for democracy and indeed at the time his militiamen cooperated with the UN and British forces, which were on the same side against the rebels.

His view is backed the former British human rights commissioner to Sierra Leone, Peter Penfold, who urged the court to recognise some fighters were "trying to defend their lives, their homes, their children, and seek the restoration of their legitimate government and protect their valued democracy".

The prosecution alleges that Mr Hinga Norman is responsible for war crimes and that, in these circumstances, the side he was fighting on is irrelevant.

"I'm afraid you can fight on the side of the angels and nevertheless commit crimes against humanity," said deputy prosecutor Desmond da Silva.




SEE ALSO:
Sierra Leone judge bias claims
10 Mar 04  |  Africa
Sierra Leone: Memories of war
19 Jan 02  |  Africa
UN court rejects Sankoh plea
23 Jul 03  |  Africa
Bringing justice to Sierra Leone
17 Jan 02  |  Africa


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