War Crimes (and Not War Crimes)—Charles Taylor Sr. and Jr. Updates

Former Liberian President Charles Taylor will appear in Courtroom I at the International Criminal Court (ICC) next Friday, September 22, for a status conference in his international crimes case.^[1] As we discussed previously, Mr. Taylor has been charged with 11 counts of war crimes and crimes against humanity by the United Nations' Special Court for Sierra Leone. He was transferred to The Hague in June 2006 after the Special Court determined that he could not get a fair trial in the capital city of Freetown, Sierra Leone.^[2]

It is likely that Mr. Taylor’s defense attorneys will raise issues concerning the conditions of his detention.^[3] Counsel argued at the last status conference that Mr. Taylor had been denied certain conditions ordered by the Special Court regarding his post‑transfer access to communication, counsel, and information. This month the Association for the Legal Defense of Charles Taylor demanded an official review of what they term “continued abuse and disregard for the inalienable rights."^[4]

Meanwhile, Mr. Taylor’s son Charles “Chuckie” Taylor has agreed to enter a plea of guilty to passport fraud charges in Miami, Florida, U.S.A.^[5] Mr. Taylor Jr. is scheduled to enter his plea before U.S. District Judge Donald Graham on Friday, September 15, 2006.^[6] Mr. Taylor Jr. has also been placed on a United Nations restricted travel list and is subject to business restrictions imposed by the United States Treasury Department.^[7]

If convicted of making false statements on his passport application, a violation of 18 U.S.C. § 1542, Mr. Taylor could face up to 10 years in prison. This statute permits more harsh penalties if the falsification was committed “to facilitate” an act of terrorism, drug trafficking, or other illegal activity.^[8]

Unfortunately, number of media sources carrying reports of Mr. Taylor, Jr.’s case as it moves through the federal system are also leveling allegations about events that Mr. Taylor may or may not have been involved in outside the United States and suggesting that he should be tried in the United States under its War Crimes Act (18 U.S.C. § 2441).^[9] These allegations have been resurfacing ever since Mr. Taylor’s arrest last March.^[10] So far, no new charges have been brought.

---

[1] ICC Hearing Schedule, Week 38, September 2006.
[2] Special Court President Requests Charles Taylor to be Tried in The Hague, SCSL Press Release, March 30, 2006.
[3] Decision on Defence Oral for Orders Pertaining to the Transfer of the Accused to The Hague, SCSL‑03‑01‑PT, June 23, 2006.
[4] Liberia: Taylor’s Legal Defense Criticizes ‘Abuse of His Rights,’ The Analyst, Sept. 6, 2006.
[5] Son of Ex‑Liberian President to Plead Guilty to Passport Charge, Associated Press, Sept. 13, 2006 [hereinafter AP].
[6] Id.
[7] Id.
[8] 18 U.S.C. § 1542.
[9] Id. See also U.S. v. Emmanuel, No. 06-20263-CR-DLG, Docket Entry # 11.
[10] AP supra note 5. See also ‘Chuckie’ in Big Trouble, The Analyst, Apr. 5, 2006. See also Warlord Taylor’s Son Arrested in US, Reuters, Apr. 2, 2006.