THE CONFLICT BETWEEN THE IMPLEMENTATION OF THE LOME AGREEMENT AND THE SPECIAL CORT FOR SIERRA LEONA STATUTE (SCSL) (S000402)

Lome Agreement was a peace agreement signed on 7 July 1999 between the Government of Sierra Leone and Revolutionary United Front (RUF). Under article IX of the agreement, the Government of Sierra Leone grant an absol~te and free pardon and reprieve to all combatants and collaborators. However, Article 10 of the Special Court for Sierra Leone Statute (SCSL) explained that the perpetrators must be punished. Consequently, article IX of Lome Agreement and article IO of SCSL were contradiction and it raises a conflict between both of instruments.

This research aims to explain the enforceability of the Lome Agreement toward International Crime in Sierra Leone and the Role of the Special Court for Sierra Leone (SCSL) in prosecutingthe perpetrators International Crime in Sierra Leone. The method used is normative legal research. It uses the library sources to get a secondary data The data will be proceeded systematically to obtain appropriate description in order to answer research problem.

The research shows that the Lome Agreement could not be implemented toward international crime in Sierra Leone because the government of Sierra Leone has set out the regulation on Article I0 Statute of SCSL about no amnesty for the perpetrators who committed the crimes against humanity, war crimes, violation of article 3 common to the Geneva Convention and of additional protocol II and other serious violations of international humanitarian law. International Customary Law also prohibited an amnesty and a pardon for international crime. Thus, the perpetrators must be prosecuted by the SCSL. Furthermore, there are three role of SCSL, which are; to prosecute and punish International Crime, to prosecute the Perpetratorsof International Crime under International Law and to prosecution and punishment of InternationalCrime by the SCSL.

It is recommended for Government of Sierra Leone and Special Court, in order to bring a peace in sierra Siena Leone, the Government of Sierra Leon shall not give an amnesty and a pardon for persons who bear the greatest responsibility for serious violation in Sierra Leone. The Special Court must equitable on giving sentences and SCSL must give heavy punishment for aII perpetrators in Sierra Leone. Particularly for perpetrators who committed Serious Crime in Sierra Leone.