The accused, the RUF and the AFRC are said to have had common plans and aims, thus forming a joint criminal enterprise which was to take any actions necessary to gain and exercise political power and control over the territory of Sierra Leone, in particular the diamond mining areas.
The joint criminal enterprise is said to have included gaining and exercising control over the population of Sierra Leone in order to prevent or minimize resistance to their geographic control, and to use members of the population to provide support to the RUF and AFRC. The acts of terrorism, collective punishments, unlawful killings, abductions, forced labour, physical and sexual violence, use of child soldiers, looting and burning of civilian structures, as alleged in the indictment, were either actions within the joint criminal enterprise or were a reasonably foreseeable consequence of the joint criminal enterprise.
According to the indictment, Sankoh is criminally responsible for the crimes mentioned, in that he planned, incited, ordered or aided them, or in that they were committed within the joint criminal enterprise, in which he took part.
The indictment alternatively alleges his responsibility as a superior for the crimes committed by his subordinates, which he had or should have had knowledge of, but failed to prevent or punish.
On the basis of his acts and omissions and his superior responsibility, Foday Sankoh is accused of:
- Extermination, murder, rape, sexual slavery, other forms of sexual violence, enslavement, and other inhuman acts as crimes against humanity;
- Violations of common article 3 of the Geneva Conventions and the Second Additional Protocol: acts of terrorism, collective punishments, violence to life and person, outrages upon personal dignity, pillage, abductions, and the taking of hostages;
- Other serious violations of international humanitarian law, namely the recruitment of children under 15 years into armed forces, and attacks against humanitarian assistance operations and UN Peacekeepers.
Sankoh died of a stroke while he was in detention in the Choithrams hospital in Freetown.
The indictment was withdrawn on 8 December 2003. |
