Flouting the Rule of Law

FREETOWN, Sierra Leone -- Last year, when a war crimes tribunal announced the indictment of former Liberian president Charles Taylor for ravaging the neighboring country of Sierra Leone -- my country -- it generated hope for lasting peace in West Africa. But international failure to enforce the indictment has deflated that hope, and Taylor remains a menace.

After fighting his way to power in Liberia, Taylor played a central role in Sierra Leone's 11-year war through his support of a brutal rebel movement. Taylor seized my country's diamond fields, enriching himself and his henchmen. Together they exploited child soldiers, conducted mass amputations, and were responsible for the rape and mutilation of many women.

Sierra Leone requested that the United Nations help it bring to justice those bearing "greatest responsibility" for such atrocities during the conflict, and a joint U.N.-Sierra Leonean tribunal was created. It came as no surprise when the Special Court for Sierra Leone issued a 17-count indictment against Taylor last year. Then people across West Africa waited to see whether the law could really topple someone so powerful.

Taylor had a history of breaking numerous peace accords and, when under pressure, of using peace negotiations as a stalling tactic to rearm and reorganize his forces. One year ago, rebels had Taylor's forces surrounded. Once again he headed for peace talks.

The indictment chased Taylor from the negotiating table, which lent instant credibility to the Liberian peace process. It finally led to international demands that Taylor leave power, and Liberia. But rather than deliver the desperate Taylor to face his indictment in Sierra Leone, diplomats orchestrated his escape to Nigeria.

Taylor agreed to behave. But for West Africans who have suffered for years at his hands, it has come as no surprise that he still seeks to regain power in Liberia, where he maintains links to armed supporters. To this end, he has even fomented regional conflict, and the U.N. Security Council has been worried about his activities.

Nevertheless, Nigeria allowed Taylor to give a television interview in April, on the eve of a U.N. effort to relaunch Liberia's disarmament program. Taylor reiterated his intention to return home, thereby offering hope to his armed supporters, some of whom rioted a few weeks later in the Liberian capital, Monrovia.

As usual in this region -- where chronically shortsighted international policies foster instability, bloodshed and extreme poverty -- a political decision has been made to ignore the law. The United Nations, the United States and other initial supporters of the Special Court for Sierra Leone promised to bring to justice the worst creators of our national nightmare. It was believed that doing so would instill greater respect for the rule of law throughout the region.

Instead, West Africans have watched as Nigeria granted "asylum" to an indicted war criminal in clear contravention of its own asylum laws. They have listened as Secretary of State Colin Powell, in testimony before Congress in February, acknowledged the Bush administration's blessing of Taylor's illegal exile in Nigeria. And West Africans have waited in vain for U.N. Secretary General Kofi Annan to lend any support to efforts to bring Taylor before the U.N.-backed court.

On May 31 the court's appellate chamber ruled that Taylor must go to Sierra Leone to face the charges against him. His delivery would be a watershed event. It would remove from circulation the prime instigator of conflict in the region and send a resounding message through these troubled countries that leaders can and should be held accountable.

The converse is also true: If African leaders cannot be held responsible even for the worst crimes, then why should they fear being held responsible for more atrocities, let alone corruption and mal-governance?

Lawlessness has gutted the humanitarian and development assistance sent to alleviate Africa's suffering. When Charles Taylor arrives in court, accountability for him and justice for his victims will signal that the world is finally taking a long view of African needs.

The writer is co-founder of the Campaign for Good Governance in Freetown, Sierra Leone.