Charles Taylor Trial: Defence Seek to Re-Open Case

Charles Taylor's lawyers requested International Criminal Court judges to allow his defence to be re-opened based on new evidence last week. This request came nearly a year after arguments in the case concluded. Judgments were expected in the next few weeks, but now may be delayed.

On January 31, 2012, Taylor requested that the defence be allowed to "re-open its case in order to seek admission of the Panel of Experts Report on Liberia”.

New report, new information

Taylor’s lawyers want to use the UN Security Council Panel of Experts Report on Liberia, released December 7, 2011, as evidence in his defence. The publicly-available report discusses the participation of Liberian mercenaries in conflicts in the Ivory Coast. Specifically, section III, entitled "Liberian Mercenaries and Ivorian Militia", outlines the “underlying causes of mercenary activities in West Africa” according to Taylor’s lawyers.

The ICC has been preparing their final judgment since the conclusion of hearings in March 2011 to determine whether Taylor is guilty of murder, torture and using child soldiers. Prosecutors allege he armed and supported the notorious Revolutionary United Front (RUF) rebels in Sierra Leone's brutal civil war (1991-2002). Prosecutors claim that from the Liberian capital, Monrovia, Taylor backed the RUF in return for illegally mined "blood diamonds".

However, the recent UN report, Taylor’s lawyers contend, supports the often-espoused "private enterprise" theory of mercenary action during Sierra Leone's 11-year conflict. It supposedly suggests that mercenary fighters in Liberia exploited the conflict for their personal gain and did not act under Taylor’s orders.

Consequently, the new report does not place blame on the Liberian government for mercenaries crossing into Ivory Coast. This, it is claimed, stands in contrast to the prosecution's argument that any fighters who fought in Sierra Leone and other neighbouring countries were sent and controlled by Taylor. During Taylor's trial many witnesses testified for the prosecution that the former Liberian president sent them to provide support to rebel forces in Sierra Leone. Some also testified about being sent by Taylor to fight in Ivory Coast and Guinea.

Taylor, on his part, argued that uncertain borders in West Africa and the illicit flow of arms made it simple for fighters to move across borders without government control. He argued that Liberian fighters who fought in Sierra Leone acted for personal gain and as President of Liberia he could not be held responsible.

Independent mercenaries?

Taylor’s lawyers now submit therefore that the UN report shows mercenaries acted "without being under Taylor's direction and control and without the implicit approval of the Government of Liberia". This, it is argued, absolves Taylor of knowledge and, therefore, responsibility for the crimes.

Taylor’s lawyers have made particular mention of a mercenary leader known as Zig Zag Marzah who, it is claimed, continues to be involved in mercenary activities in the Ivory Coast. The UN report asserts that he does so as a free agent. Marzah was called as a key prosecution witness and categorically stated that he was unable to act without Taylor’s instructions. The report, it is submitted, offers several similar examples, proving mercenaries are capable of moving across West Africa without interception by the Liberian government. It is suggested that command structures within mercenary activities are loose, and many groups lack any coordination. Taylor seeks to present himself, like the present Liberian government, as powerless to stop the mercenaries.

On the basis of this new report, the defence ask to be allowed to submit new arguments. The report could not have been obtained during the conduct of the case as it was only presented to the UN Security Council in December 2011. They therefore argue that the probative value of the report is significant.

Try again

This is the second occasion that defence lawyers have requested that the case be re-opened in light of new evidence. On December 9, 2011, a similar request was made following the WikiLeaks cables release suggesting an international plot between US and Nigerian governments to remove Taylor from Liberia. It was alleged that Nigeria supported Liberian rebels. Judges quickly denied that motion, however, on the basis that relevant verification of the WikiLeaks documents was impossible. The current request will not be as simple to refuse.

The prosecution will have a chance to file a response to which the defence can reply. The judges must then issue a decision on the motion.

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