44. Nigeria’s Jurisdiction To Prosecute Johnny Paul Koroma For War Crimes Committed In Sierra Leone

Abstract

This chapter discusses the prospect of a Nigerian prosecution of Johnny Paul Koroma, the one time head of the Sierra Leonean junta, for war crimes committed against Nigerians under his junta regime in Sierra Leone. It examines theories of responsibility in international criminal law. The theories are joint criminal enterprise (JCE), superior or command responsibility and direct perpetration of the war crimes. JCE is a principle of customary international law. In the jurisprudence of international criminal law, it comes in three categories, basic, systemic and extended. One particular mode of responsibility to be considered is the theory of superior responsibility. This mode of responsibility requires proof that the superior 'knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. Keywords: international criminal law; Johnny Paul Koroma; joint criminal enterprise (JCE); Nigerian prosecution; Sierra Leone; war crimes