In May 2000 a crowd estimated at 20,000 marched on Sankoh's villa in Freetown and he was close to being lynched when government forces and British peace-keepers intervened, taking him into custody
He was indicted on 7 March 2003 on 17 counts of crimes against humanity, violations of Article 3 common to the Geneva Conventions and of Additional Protocol II
According to the indictment, the RUF and the AFRC shared a common plans and purpose, thus forming a joint criminal enterprise which was aimed at taking 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 taken within the joint criminal enterprise or were at least a foreseeable consequence of the joint criminal enterprise.
According to the indictment, Sankoh was criminally responsible for the crimes mentioned, in that he planned, instigated or ordered or otherwise aided and abetted in them, or in that they were committed within the joint criminal enterprise, in which he took part.
The indictment also accused him of joint or several responsibility as hierarchical 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 wass accused of:
- Extermination, murder, rape, sexual slavery, other forms of sexual violence, enslavement, and other inhuman acts as crimes against humanity;
- Violations of article 3 common to the Geneva Conventions and of its 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 the armed forces, and attacks against humanitarian assistance operations and UN Peacekeepers.
Sankoh died of natural causes on 29 July 2003 whilst he was in detention in the Choithrams hospital in Freetown.
The indictment was formally withdrawn on 8 December 2003. |
