:00:09. > :00:13.You are watching BBC News. We have live coverage from the Hague where
:00:14. > :00:18.judges have started to deliver their verdict in the trial of the
:00:18. > :00:23.former President of Liberia, Charles Taylor. He is 64 and
:00:23. > :00:26.accused of war crimes and crimes against humanity. Fuelling the
:00:26. > :00:34.brutal ten-year civil war in neighbouring Sierra Leone in the
:00:34. > :00:39.1990s. Let's listen in. A report of the Committee of four on the
:00:39. > :00:45.situation in Sierra Leone in August 1997, described the situation of
:00:45. > :00:51.massive looting of property, murder and rates following the military
:00:51. > :01:00.coup on 25th May 1997. The final report of the 16th meeting of the
:01:00. > :01:04.chiefs of state in Abuja, Nigeria, in August 1997, a meeting in which
:01:04. > :01:08.the Liberian representative participated, also described a very
:01:08. > :01:16.bloody coup, followed by massive looting and finalisation of public
:01:16. > :01:24.and private properties and the opening of the prisons by the junta.
:01:24. > :01:28.In a speech to the nation on 18th June, 1997, the forces of the RUF
:01:28. > :01:34.themselves apologised for the atrocities they had committed in
:01:34. > :01:41.Sierra Leone, including killings and rapes. Following a coup on 29th
:01:41. > :01:45.August, 1997, it was decided to place a total embargo on all
:01:45. > :01:53.supplies of petroleum products, arms and military equipment to
:01:53. > :01:57.Sierra Leone. Similarly, on the aid of October, 1997, the United
:01:57. > :02:02.Nations Security Council decided to impose an embargo on arms and
:02:03. > :02:08.ammunition to Sierra Leone. -- 8th October. These embargoes clearly
:02:08. > :02:13.indicate that at the very least by August 1997, the gentle was
:02:13. > :02:18.perceived by the international community as a threat to peace. --
:02:18. > :02:24.at the junta. It was recognised that military support could
:02:24. > :02:27.facilitate the crimes described above. The accused was evasive in
:02:27. > :02:32.his testimony as to what and when he knew about the crimes being
:02:33. > :02:37.committed in Sierra Leone. In light of these reports and considering
:02:37. > :02:43.the fact that the accused received daily briefings from his national
:02:43. > :02:52.security adviser about the international situation, and was a
:02:52. > :02:55.member of the committee of five, we find that as early as 1997 Charles
:02:55. > :03:00.Taylor was informed in detail of the crimes committed during the
:03:00. > :03:10.chunter period, including murder, abduction of civilians including
:03:10. > :03:15.children, rape, amputation and looting. After 1997, the media
:03:15. > :03:20.coverage of the RUF crimes and terror Campaign against the Sierra
:03:21. > :03:25.Leoneans and the civilian population increased. There are
:03:25. > :03:30.reports from international organisations, non-governmental
:03:30. > :03:34.organisations and newspapers, indicating evidence, describing the
:03:34. > :03:44.atrocities committed by the RUF troops after the intervention at
:03:44. > :03:45.
:03:45. > :03:49.the end of the gentler Government. -- JUN Government. These reports
:03:49. > :03:54.indicate that it was public knowledge that the forces committed
:03:54. > :04:01.the following crimes, unlawful killings, sexual violence, physical
:04:01. > :04:05.violence, looting, conscription and use of child soldiers, abduction,
:04:05. > :04:15.terrorism and other atrocities. The accused himself admitted that by
:04:15. > :04:16.
:04:16. > :04:20.April 1998, if someone was providing support to the RUF he
:04:20. > :04:27.would be supporting the group engaged in a campaign of atrocities
:04:27. > :04:32.against the civilian population of Sierra Leone. At that time, as the
:04:32. > :04:38.accused testified, there were news reports of a horrific campaign
:04:38. > :04:44.being waged against the civilian population in Sierra Leone. In a
:04:44. > :04:49.statement dated July 1998, the accused are strongly condemned the
:04:49. > :04:55.continuing rebel activities in Sierra Leone as well as the
:04:55. > :05:03.horrendous atrocities that were being committed there. -- the
:05:03. > :05:08.accused condemned the rebel activities. We find the accused was
:05:08. > :05:12.aware of the crimes committed by RUF forces against civilians,
:05:12. > :05:18.including murder, abduction of civilians including children, wrote,
:05:18. > :05:28.amputations and looting, as early as August 1997 when he became
:05:28. > :05:36.President. -- rape. Summary of legal findings. The indictment
:05:36. > :05:41.charges the accused with individual criminal responsibility relating to
:05:41. > :05:45.article 61 of the statute, for the crimes referred to in articles two,
:05:45. > :05:50.three and four of the statute, alleged in the indictment. The
:05:50. > :05:54.chamber has found that the crimes charged under council one to 11 of
:05:54. > :06:04.the indictment were committed, and it now turns to the responsibility
:06:04. > :06:04.
:06:04. > :06:10.of the accused for these crimes. Responsibility pursuant to article
:06:10. > :06:12.63 of the statute. The indictment charges that the accused is
:06:12. > :06:18.individually, criminally responsible for the crimes referred
:06:18. > :06:23.to in articles two, three and four of the statute, as alleged in the
:06:23. > :06:33.indictment by virtue of holding position of superior responsibility,
:06:33. > :06:34.
:06:34. > :06:38.and exercising command and control over subordinate members of the RUF
:06:38. > :06:42.and Liberian fighters. It is alleged that the accused is
:06:42. > :06:46.responsible for the criminal acts of his subordinates, in that he
:06:46. > :06:52.knew or had reason to know that the support and it was about to commit
:06:52. > :07:02.such acts or had done so. -- the support of it. The accused failed
:07:02. > :07:09.to take reasonable measures to prevent this or punish the accused
:07:09. > :07:14.thereof. There was a subordinate relationship with the perpetrators
:07:14. > :07:19.of the crimes. Article 63 holes the superior responsible if the
:07:19. > :07:26.superior knew or had reason to know that his or her support and it was
:07:27. > :07:30.about to commit crimes forbidden by the statute and failed to take
:07:30. > :07:37.necessary and reasonable measures to prevent or punish the
:07:37. > :07:41.perpetrators. It must thus be demonstrated that the superior had
:07:41. > :07:47.effective command and control over his subordinates, that is the
:07:47. > :07:51.material ability to prevent or punish the offence. The trial
:07:51. > :07:59.chamber is of the view that the accused had substantial influence
:07:59. > :08:04.over the leadership of the RUF and to a lesser extent the other group.
:08:04. > :08:08.However, that substantial influence over the conduct of others fell
:08:08. > :08:18.short of effective command and control, as demonstrated by the
:08:18. > :08:19.
:08:19. > :08:23.evidence. The evidence establishes that from 1990 to March 1997, Foday
:08:24. > :08:29.Sankoh was the sole leader of the RUF and did not take orders from
:08:29. > :08:35.the accused. When Foday Sankoh was arrested in 1997, he ordered
:08:35. > :08:43.another to take hold off the RUF and take orders from the accused.
:08:44. > :08:47.The trial finds that the accused gave the advice to this man and to
:08:47. > :08:51.his successor, but the evidence does not establish that either of
:08:51. > :08:57.them was subordinate to the accused, nor that the accused had effective
:08:57. > :09:01.command and control over the RUF during their respective 10 years.
:09:01. > :09:07.Similarly, the trial chamber finds that the accused gave guidance,
:09:07. > :09:17.advice and direction to Johnny Corona when he was leader of the
:09:17. > :09:22.
:09:22. > :09:26.RUF. But the evidence does not establish that he was in control of
:09:26. > :09:31.the RUF. With regard to the fighters, the trial chamber finds
:09:31. > :09:34.that even if they were sent to Sierra Leone by the accused, there
:09:34. > :09:38.is not sufficient evidence to find beyond a reasonable doubt that they
:09:38. > :09:45.remained under the effective command and control of the accused
:09:45. > :09:49.once in Sierra Leone. The trial chamber accordingly finds that the
:09:49. > :09:53.prosecution failed to prove beyond reasonable doubt that the accused
:09:53. > :09:58.is individually, criminally responsible under Article 63 for
:09:58. > :10:07.the crimes referred to in articles two, three and four of the statute
:10:07. > :10:11.as alleged in the indictment. Joint criminal enterprise. The indictment
:10:11. > :10:17.charges the accused with the crimes referred to in articles two, three
:10:17. > :10:22.and four of the statute, as alleged in the indictment, which crimes
:10:22. > :10:32.amounted to or were involved with a common plant, design or purpose in
:10:32. > :10:35.
:10:35. > :10:40.which the accused parties are -- participated. As discussed earlier,
:10:40. > :10:49.the trial chamber found that the prosecution failed to prove that
:10:49. > :10:51.any of the three alleged meetings in Libya, Burkina Faso as well,
:10:51. > :10:56.where the common plan is said to have been established, it took
:10:56. > :11:00.place. While the trial chamber found that the accused provided
:11:00. > :11:04.significant operational and military support to the RUF,
:11:04. > :11:08.particularly after he became President of the Liberia, the
:11:09. > :11:16.evidence does not establish that this support was provided pursuant
:11:16. > :11:19.to a common plan in the context of the joint criminal enterprise.
:11:19. > :11:23.Accordingly, the trial chamber finds that the prosecution has
:11:23. > :11:27.failed to prove beyond a reasonable doubt that the accused is
:11:27. > :11:31.criminally responsible by virtue of having participated in a common
:11:31. > :11:40.plan, design or purpose to commit the crimes alleged in the
:11:40. > :11:49.indictment. Responsibility under 61 for aiding and abetting. The
:11:49. > :11:56.indictment charges of the accused, that he'd individually responsible
:11:56. > :12:01.according to article 61 of the statute for aiding and abetting the
:12:01. > :12:07.crimes referred to run articles two, three and four of the statute, as
:12:07. > :12:11.alleged in the indictment. -- in articles. The prosecution alleges
:12:11. > :12:15.that by providing assistance, encouragement and moral support,
:12:15. > :12:18.the accused's acts had a substantial effect on the
:12:18. > :12:22.perpetration of the crimes in the indictment and that he had the
:12:22. > :12:26.clear intent to act in support of those crimes. The Defence denies
:12:26. > :12:31.that the accused is responsible for aiding and abetting the commission
:12:31. > :12:35.of any of the crimes charged in the indictment. Aiding and abetting
:12:35. > :12:38.requires that the accused gave practical assistance, encouragement
:12:39. > :12:43.or moral support, which had a substantial effect on the
:12:43. > :12:50.perpetration of a crime. The trial chamber finds beyond reasonable
:12:50. > :12:53.doubt that the accused provided arms and ammunition, military
:12:53. > :13:03.personnel, operational support, moral support and on-going guidance
:13:03. > :13:04.
:13:05. > :13:14.to the RUF and Liberian fighters for military operations during the
:13:14. > :13:20.indictment period. The heading his commission of crimes intrinsic to
:13:20. > :13:27.the RUF war strategy. Before turning to the various forms of
:13:27. > :13:37.assistance provided by the accused, the trial chamber considered the
:13:37. > :13:37.
:13:37. > :13:42.RUF's war strategy. Throughout the period, the strategy of the RUF was
:13:42. > :13:46.characterised by a campaign of crimes against the Sierra Leoneans
:13:46. > :13:54.and civilian population. It included murders, rapes, sexual
:13:54. > :13:58.slavery, looting, abductions, forced labour, child soldiers,
:13:58. > :14:05.amputations and other forms of physical violence and acts of
:14:05. > :14:08.terror. These crimes were inextricably linked to how the RUF
:14:08. > :14:17.achieved their political and military objectives, in particular
:14:17. > :14:23.under the leadership of Sam Buttery, the RUF pursued a policy of
:14:23. > :14:27.committing crimes in order to achieve gains at any civilian cost
:14:27. > :14:32.and also politically to attract the attention of the international
:14:32. > :14:36.community and to heighten their negotiating stance with the Sierra
:14:36. > :14:46.Leone Government. That their operations were given titles such
:14:46. > :14:47.
:14:47. > :14:53.as Operation no living thing, and operations Benno -- spare no soul,
:14:53. > :15:00.made explicit the tent of the RUF to raise the campaign of terror
:15:00. > :15:09.against civilians as part of their strategy. As for the various forms
:15:09. > :15:18.of assistance provided by the accused, they are as follows. Arms
:15:18. > :15:24.indictment period, the accused, directly or through intermediaries,
:15:24. > :15:29.supplied or facilitated the supply of arms and ammunition to the RUF.
:15:29. > :15:35.The accused has sent a small but regular supplies of arms and
:15:35. > :15:39.ammunition and other supplies to the RUF from late 1997 to 1998,
:15:39. > :15:49.through his subordinates and substantial amounts of arms and
:15:49. > :15:54.
:15:54. > :16:04.ammunition to the RUF from 1998 to He does it tasted much larger
:16:04. > :16:05.
:16:05. > :16:09.shipments from third-party states the -- he facilitated. And a
:16:09. > :16:18.shipment in November, December, 1998.
:16:18. > :16:28.During the indictment period, these arms were used by the RUF, and
:16:28. > :16:33.
:16:33. > :16:40.alliances and Liberian fighters in military operations. And in various
:16:40. > :16:45.other operations, in 1998. And in the Freetown invasion in 1999, and
:16:45. > :16:52.attacks on the outskirts in the western area in late January, early
:16:52. > :16:57.February, 1999. These operations involved widespread and systematic
:16:57. > :17:02.attacks on the civilian population and the commission of crimes. The
:17:02. > :17:06.chamber finds the provision and facilitation of this ammunition
:17:06. > :17:14.constituted practical assistance, which had a substantial effect on
:17:14. > :17:19.the perpetration of crimes and the during the indictment period.
:17:19. > :17:29.Military personnel. The accused also provided military personnel to
:17:29. > :17:34.
:17:34. > :17:41.the RUF, a group of 20 fighters who had been integrated. These fighters
:17:41. > :17:51.fought in August, September, 1998, as part of a group of 200 fighters.
:17:51. > :17:57.These 20 fighters were later incorporated into a battalion, part
:17:57. > :18:01.of a group of 1000 fighters who participated in the invasion of
:18:01. > :18:07.Freetown and committed crimes during the course of military
:18:07. > :18:13.operations in December 1998, generally 1999. The accused
:18:13. > :18:22.organised and sent former fighters and civilians who had retreated to
:18:22. > :18:31.Liberia, back to Sierra Leone to fight in the Freetown operation, in
:18:31. > :18:38.December 1998. Moreover, the accused sent 150 fighters as
:18:38. > :18:43.reinforcements who participated in the attack in those districts in
:18:43. > :18:48.late 1998. The charge chamber finds that the practical assistance
:18:48. > :18:53.provided by these military personnel sent by the accused had a
:18:53. > :19:00.substantial effect on the commission of crimes by the RUF,
:19:00. > :19:05.during the course of military operations. Operational support in
:19:05. > :19:15.the Prix indictment period, radio operators and equipment were sent
:19:15. > :19:20.
:19:20. > :19:25.to Sierra Leone, and fighters trained by the radio operators, in
:19:25. > :19:29.radio communications, with the knowledge of the accused. The RUF
:19:29. > :19:32.continued to benefit into the indictment peered from the enhanced
:19:32. > :19:37.communications capacity, which resulted from this assistance.
:19:37. > :19:42.However, as the acts of the accused took place prior to the indictment
:19:42. > :19:46.period, the chamber has not taken that into account in determining
:19:46. > :19:55.criminal responsibility. The chamber found the accused also
:19:55. > :20:04.provided operational support to that indictment period, including
:20:04. > :20:09.giving satellite phones, and facilitating communications through
:20:09. > :20:14.the communications network, providing them with access to radio
:20:14. > :20:24.communications, equipment, in Liberia, allowing the use of the
:20:24. > :20:25.
:20:25. > :20:29.radio station for communications, and the transmission of messages to
:20:29. > :20:34.RUF forces, warning them of impending attacks which the accused
:20:35. > :20:42.must have known about. This communications support provided
:20:42. > :20:46.practical assistance for the crimes committed during the course of the
:20:46. > :20:54.military operations throughout the endowment period. The accused also
:20:54. > :21:03.provided financial support, including funds of up to $20,000 at
:21:03. > :21:10.a time, on multiple occasions, for the purchase of arms. The accused
:21:10. > :21:18.also kept diamonds and money in safe keeping for them. The accused
:21:18. > :21:23.also provided a guest house for them in Monrovia used by the RUF to
:21:23. > :21:29.facilitate the transfer of arms and funds from the accused to the RUF,
:21:29. > :21:35.and the delivery of diamonds to the accused. The chamber considers that
:21:35. > :21:42.the provision of the guest house by the accused as a base of operation
:21:42. > :21:48.for procurement and a way station for arms and ammunition, provided
:21:48. > :21:52.practical assistance for the commission of crimes committed
:21:52. > :22:00.during the course of military operations. The accused provided
:22:00. > :22:03.other forms of support, including the provision of security escorts,
:22:03. > :22:07.facilitation of access through checkpoints, assistance with
:22:07. > :22:12.transport of arms and ammunition by road and by air, safe haven and
:22:12. > :22:19.medical support for treatment of wounded fighters in Liberia, as
:22:19. > :22:28.well as provision of goods such as food, clothing, cigarettes, alcohol
:22:28. > :22:32.and other suppliers to the RUF. The accused also sent herbalists for
:22:32. > :22:40.fighters, to protect them against bullets, and bolster their
:22:40. > :22:45.confidence. Liberian forces also assisted the unit with the capture
:22:45. > :22:49.and return of deserters, to Sierra Leone. The provision of such
:22:49. > :22:55.support, in addition to the military support provided,
:22:55. > :22:59.constituted practical assistance, which had a substantial effect on
:22:59. > :23:07.the commission of crimes committed during the course of military
:23:07. > :23:12.operations. Encouragement and moral support. The chamber has considered
:23:12. > :23:16.the ongoing communications and consultation between the accused
:23:16. > :23:26.and the leadership, and the ongoing advice and encouragement that the
:23:26. > :23:27.
:23:27. > :23:32.accused provided to them. He advised Foday Sankoh to participate
:23:32. > :23:40.in the 1986 peace talks to obtain arms and ammunition. Instruct the
:23:40. > :23:50.RUF to open a training base in 1998, to construct an airfield. He
:23:50. > :23:54.
:23:54. > :23:57.instructed them to capture and hold a particular district for diamonds
:23:57. > :24:02.and two secured arms and ammunition. The chamber has taken into account
:24:02. > :24:07.the position of the authority of the accused as an elder statesman
:24:07. > :24:11.and President of Liberia, the deference accorded to him by the
:24:11. > :24:18.leadership, and their reliance on his guidance, and the fact his
:24:18. > :24:24.advice was generally heeded by them. Taken cumulatively and having
:24:24. > :24:29.regard to the military support provided by the accused, the
:24:29. > :24:33.chamber finds that the practical assistance encouragement, and moral
:24:33. > :24:40.support provided by the accused had a substantial effect on the
:24:40. > :24:48.commission of crimes during the course of military operations in
:24:48. > :24:54.Sierra Leone. The accused. The essential mental element required
:24:54. > :24:58.for aiding and abetting is that the accused knew that his acts would
:24:58. > :25:02.assist the commission of a crime by the perpetrator or that he was
:25:02. > :25:07.aware of the substantial likelihood that his acts would assist the
:25:07. > :25:12.commission of a crime by the perpetrator. In cases of specific
:25:12. > :25:19.intent crimes, such as acts of terrorism, the accused must be
:25:19. > :25:23.aware of the specific intent of the perpetrator. As discussed
:25:24. > :25:29.earlier,... That judge talking about the
:25:29. > :25:34.considerable influence Charles Taylor had in Sierra Leone. Let us
:25:34. > :25:38.go to the Hague to find out exactly where we stand in terms of how many
:25:38. > :25:43.charges Charles Taylor has been found guilty of so far. Our
:25:43. > :25:47.correspondent is there. Did remind us of where we stand in
:25:47. > :25:52.terms of the guilty or not guilty verdict?
:25:52. > :25:57.We have still to hear any verdicts officially declared, there are 11
:25:57. > :26:02.charges in all. The presiding judge has spent two hours going through a
:26:02. > :26:07.very detailed account of the war in Sierra Leone, and the extent to
:26:07. > :26:12.which Charles Taylor, former President of Liberia, was involved
:26:12. > :26:17.in arming and supporting the rebels led by Foday Sankoh, as alleged by
:26:17. > :26:22.the prosecution. At heart is the prosecution case that Charles
:26:22. > :26:28.Taylor had ultimate responsibility for the activities and operations
:26:28. > :26:34.of the RUF in Sierra Leone in the 1990s. We have heard the presiding
:26:34. > :26:40.judge say that, while Charles Taylor had substantial influence
:26:40. > :26:44.over the RUF, it fell short of command and control. He said the
:26:44. > :26:51.chamber, the prosecution had failed to prove there was a common plan,
:26:51. > :26:57.and failed to provide, to prove command responsibility. But, they