The Special Criminal Court (SCC) in the Central African Republic (CAR) recently conducted its first trial involving war crimes and crimes against humanity committed in May 2019 in Koundjili and Lemouna. This landmark case underscores the ongoing efforts to address serious violations of human rights and international humanitarian law in the region.
Establishment and Mandate of the SCC
The SCC was established in 2015 as a national criminal court fully integrated into the CAR justice system. Its initial five-year mandate began on 22 October 2018 and is subject to renewal. As a hybrid court, it includes both national and international judges and prosecutors, with jurisdiction over serious violations such as genocide, crimes against humanity, and war crimes committed on CAR’s territory since January 2003.
The Accused and Charges
The trial centers on three accused individuals: Issa Sallet Adoum, also known as Bozizé, Ousman Yaouba, and Mahamat Tahir—members of the R3 rebel group. They stand accused of committing murders and other inhuman acts constituting crimes against humanity in Lemouna and Koundjili on 21 May 2019. These acts included murder, torture, and other assaults on personal dignity classified as war crimes.
In addition to these charges, Bozizé, as a military leader, faces allegations of responsibility for rapes perpetrated by his subordinates on the same date in Koundjili.
Proceedings and Historical Significance
On 21 February 2022, the Assize Chamber of the SCC issued an order appointing the first Assize Section to preside over the case. The trial officially commenced on 19 April 2022. Human Rights Watch described this development as a “significant progress in the difficult effort to see justice for grave crimes in the country.”
Esti Tambay, Senior International Justice Counsel at Human Rights Watch, noted that “the Special Criminal Court’s first trial is a landmark moment for victims of the CAR who have repeatedly called for justice for heinous crimes committed during successive conflicts in the country.” Tambay further emphasized that the SCC could serve as an “important justice model for other countries to consider.”
Contributions and Challenges
Since its operational launch in 2018, the SCC has played a pivotal role in curbing widespread impunity for severe human rights violations in the CAR. It conducts investigations in collaboration with the International Criminal Court (ICC). While the ICC focuses on cases involving higher-ranking leaders, the SCC aims to handle a broader range of cases within Bangui, the country’s capital.
As of August 2021, the SCC has 21 suspects in pretrial detention. However, the identities of these suspects remain undisclosed due to the confidential nature of the investigations, as stipulated by SCC law.
Enhancing Transparency and Victim Participation
To bolster transparency and public confidence, the SCC must explore ways to provide victims and the public with greater access to information about its proceedings. Increased transparency would help strengthen support for the court’s efforts in holding perpetrators of serious human rights violations accountable.
The first trial before the SCC marks a crucial step toward achieving justice and accountability in the CAR. With continued dedication to its mandate and improved transparency, the court has the potential to serve as a valuable model for addressing grave crimes and fostering accountability in conflict-affected regions.
