United Nations Security Council Resolution 1688
Encyclopedia
United Nations
Security Council Resolution
1688, adopted unanimously on June 16, 2006, after recalling all previous resolutions on the situation in Liberia
, Sierra Leone
and West Africa
, including resolutions 1470
(2003), 1508
(2003), 1537
(2004) and 1638
(2005), the Council approved the transfer of former Liberian President Charles Taylor to the Special Court for Sierra Leone
which was moved to the The Hague
in the Netherlands
, due to security concerns.
The Netherlands agreed to host the trial only if Charles Taylor was imprisoned in a third country.
(2000) and that it may meet away from its seat if necessary. Furthermore, the Council expressed its will to end impunity
, establish the rule of law
, promote human rights
and maintain international peace and security. It also appreciated that Liberian President Ellen Johnson-Sirleaf
and Nigeria
n President Olusegun Obasanjo had requested and facilitated the transfer of Charles Taylor to the Special Court, respectively.
Meanwhile, the Security Council recognised that proceedings at the Special Court would contribute to truth and reconciliation in Liberia and the subregion, and the rule of law in Sierra Leone. It noted that the trial could not take place in the Sierra Leonean capital of Freetown
due to security concerns, nor at the International Criminal Tribunal for Rwanda
as it was engaged with other tasks, and that no other tribunal existed in Africa
. The resolution determined that the continued presence of Charles Taylor in West Africa
constituted a threat to peace and security in the region.
, the Council noted that a trial chamber would be established in the Netherlands to exercise its functions away from the seat of the Special Court. It welcomed the Dutch government's
decision to host the trial and the International Criminal Court
's intention to use its premises to detain and try Charles Taylor. In this context, co-operation from all states was required and for the Secretary-General Kofi Annan
to assist in the arrangements.
Meanwhile, the Special Court was requested to make the proceedings accessible publicly through video link, as it was given exclusive jurisdiction
over Charles Taylor during the detention and trial process. The Dutch government was to facilitate the trial by:
allowing the detention and trial of Charles Taylor; facilitating the transport of Charles Taylor while in the Netherlands; enabling the appearance of witnesses, experts and others at the trial in the same way as at the International Criminal Tribunal for the former Yugoslavia
.
The resolution exempted Charles Taylor from the provisions of Resolution 1521
(2003) for the purposes of travel within the Netherlands, and noted that costs were to be borne by the Special Court that was funded via contributions from states.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1688, adopted unanimously on June 16, 2006, after recalling all previous resolutions on the situation in Liberia
Liberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
, Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
and West Africa
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
, including resolutions 1470
United Nations Security Council Resolution 1470
United Nations Security Council Resolution 1470, adopted unanimously on March 28, 2003, after recalling all previous resolutions on the situation in Sierra Leone, the Council extended the mandate of the United Nations Mission in Sierra Leone for six months until September 30,...
(2003), 1508
United Nations Security Council Resolution 1508
United Nations Security Council Resolution 1508, adopted unanimously on September 19, 2003, after recalling all previous resolutions on the situation in Sierra Leone, the Council extended the mandate of the United Nations Mission in Sierra Leone for six months until March 31, 2004.The resolution...
(2003), 1537
United Nations Security Council Resolution 1537
United Nations Security Council Resolution 1537, adopted unanimously on March 30, 2004, after recalling all previous resolutions on the situation in Sierra Leone, the Council extended the mandate of the United Nations Mission in Sierra Leone for six months until September 30, 2004 with a residual...
(2004) and 1638
United Nations Security Council Resolution 1638
United Nations Security Council Resolution 1638, adopted unanimously on November 11, 2005, after recalling all previous resolutions on the situation in Liberia, Sierra Leone and West Africa, the Council included the apprehension, detention and transfer to the Special Court for Sierra Leone of...
(2005), the Council approved the transfer of former Liberian President Charles Taylor to the Special Court for Sierra Leone
Special Court for Sierra Leone
The Special Court for Sierra Leone is an independent judicial body set up to "try those who bear greatest responsibility" for the war crimes and crimes against humanity committed in Sierra Leone after 30 November 1996 during the Sierra Leone Civil War...
which was moved to the The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, due to security concerns.
The Netherlands agreed to host the trial only if Charles Taylor was imprisoned in a third country.
Observations
In the preamble of the resolution, the Council recalled the establishment of the Special Court by Resolution 1315United Nations Security Council Resolution 1315
United Nations Security Council Resolution 1315, adopted unanimously on August 14, 2000, after expressing concern at serious crimes committed in Sierra Leone, the Council expressed its intention to establish the Special Court for Sierra Leone to deal with violations of human rights, international...
(2000) and that it may meet away from its seat if necessary. Furthermore, the Council expressed its will to end impunity
Impunity
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress...
, establish the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, promote human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and maintain international peace and security. It also appreciated that Liberian President Ellen Johnson-Sirleaf
Ellen Johnson-Sirleaf
Ellen Johnson Sirleaf is the 24th and current President of Liberia. She served as Minister of Finance under President William Tolbert from 1979 until the 1980 coup d'état, after which she left Liberia and held senior positions at various financial institutions. She placed a very distant second in...
and Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
n President Olusegun Obasanjo had requested and facilitated the transfer of Charles Taylor to the Special Court, respectively.
Meanwhile, the Security Council recognised that proceedings at the Special Court would contribute to truth and reconciliation in Liberia and the subregion, and the rule of law in Sierra Leone. It noted that the trial could not take place in the Sierra Leonean capital of Freetown
Freetown
Freetown is the capital and largest city of Sierra Leone, a country in West Africa. It is a major port city on the Atlantic Ocean located in the Western Area of the country, and had a city proper population of 772,873 at the 2004 census. The city is the economic, financial, and cultural center of...
due to security concerns, nor at the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
as it was engaged with other tasks, and that no other tribunal existed in Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
. The resolution determined that the continued presence of Charles Taylor in West Africa
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
constituted a threat to peace and security in the region.
Acts
Under Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, the Council noted that a trial chamber would be established in the Netherlands to exercise its functions away from the seat of the Special Court. It welcomed the Dutch government's
Politics of the Netherlands
The politics of the Netherlands take place within the framework of a parliamentary representative democracy, a constitutional monarchy and a decentralised unitary state. The Netherlands is described as a consociational state...
decision to host the trial and the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
's intention to use its premises to detain and try Charles Taylor. In this context, co-operation from all states was required and for the Secretary-General Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
to assist in the arrangements.
Meanwhile, the Special Court was requested to make the proceedings accessible publicly through video link, as it was given exclusive jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over Charles Taylor during the detention and trial process. The Dutch government was to facilitate the trial by:
allowing the detention and trial of Charles Taylor; facilitating the transport of Charles Taylor while in the Netherlands; enabling the appearance of witnesses, experts and others at the trial in the same way as at the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
.
The resolution exempted Charles Taylor from the provisions of Resolution 1521
United Nations Security Council Resolution 1521
United Nations Security Council Resolution 1521, adopted unanimously on December 22, 2003, after recalling all previous resolutions on the situation in Liberia and West Africa, the Council established a monitoring body to oversee international sanctions against Liberia...
(2003) for the purposes of travel within the Netherlands, and noted that costs were to be borne by the Special Court that was funded via contributions from states.
See also
- List of United Nations Security Council Resolutions 1601 to 1700 (2005 – 2006)
- Second Liberian Civil WarSecond Liberian Civil WarThe Second Liberian Civil War began in 1999 when a rebel group backed by the government of neighbouring Guinea, the Liberians United for Reconciliation and Democracy , emerged in northern Liberia. In early 2003, a second rebel group, the Movement for Democracy in Liberia, emerged in the south, and...
- Sierra Leone Civil WarSierra Leone Civil WarThe Sierra Leone Civil War began on 23 March 1991 when the Revolutionary United Front , with support from the special forces of Charles Taylor’s National Patriotic Front of Liberia , intervened in Sierra Leone in an attempt to overthrow the Joseph Momoh government...