Transitional Justice in Sierra Leone: Theory, History and Evaluation

Many observers, particularly external practitioners, see Sierra Leone as a successful TJ case that offers valuable lessons for other countries transitioning from violence. Sierra Leone’s TJ mechanisms have set important precedents. The SCSL was the first ‘hybrid’ international criminal tribunal, administered jointly by the UN and the Government of Sierra Leone but answerable to neither in its judicial functions. The Court’s founding via treaty between the Sierra Leone government and the UN, departed from the UNSC-established international tribunals for the former Yugoslavia and Rwanda, and the Special Panels in East Timor, which were established by the UN Transitional Administration in East Timor (itself established by the UNSC). The SCSL was unique in its foundations and also broke legal ground in its jurisprudence. In addition, it is commended for its extensive and innovative outreach programme. The TRC, in turn, is unique as the first commission to have separate proceedings for youth under the auspices of UNICEF and for its extensive focus on gender and the widespread incidents of sexual and gender-based violence. Finally, the Court and the TRC set precedents in working alongside each other: this is the first case in which an internationalised tribunal and a TRC were established in parallel, providing lessons on a ‘two-track’ approach. As the chapters in this volume highlight, however, this series of unique or innovative aspects of TJ in Sierra Leone should not automatically lead to a judgment that the TJ programme was a success. Such a judgment requires examination of the mechanisms’ normative, legal and political contexts and contributions. The TJ mechanisms in Sierra Leone were established in an impoverished and unstable post-conflict environment, often in line with the wishes of powerful external actors. They operated without clear long-term strategies and at times without sufficient guarantees of funding. They also had to negotiate and tailor their activities to accommodate external and internal political pressures. All of these factors are taken into account in this volume, in order to examine the establishment, politics, goals and impacts of Sierra Leone’s TJ programme as a whole. This chapter summarizes the theory, history and approaches to evaluation for transitional justice and what the chapters in the volume explore, setting a theoretical framework for consideration of the Sierra Leonean case, and beyond.