The experience of testifying in a war-crimes tribunal in Sierra Leone.

Abstract

Psychosocial staff at a war crimes tribunal in Sierra Leone conducted interviews with 147 witnesses after they completed their testimony. The interviewers asked participants to describe the most positive and most difficult aspects of their experience of testifying. Responses were recorded, coded, and examined using content analysis. Nearly all witnesses reported both empowering and difficult aspects, but the former outnumbered the latter. Witnesses mentioned 35 conceptually distinct positive aspects and 26 conceptually distinct negative aspects. The most frequently mentioned positive aspect was "being given the chance to tell my story, being able to talk about difficult/painful experiences, breaking silence." The second most frequently mentioned positive aspect was "being listened to, feeling believed/understood." The most frequently mentioned negative aspect was "emotional difficulty with some questions, talking about painful experiences." The second most frequent response was "nothing was difficult." Victim witnesses portrayed the experience more positively than nonvictims. For many witnesses, despite some challenging components, testifying provided a valued opportunity Editor's Note. Susan Opotow served as action editor for this article.

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

“…One piece of the transitional justice puzzle centers on whether testifying produces healing and closure for witnesses or whether it does harm to those who recount wartime events (Bandes 2009;Henry 2009Henry , 2010Herman 2003;Stover 2005). The witness experience is thorny, whether the venue is a truth and reconciliation commission (Mendeloff 2009;Byrne 2004;Hamber 2009), a community justice court (Brounéus 2010), or a war crimes tribunal Vahidy 2009b, 2011;Stepakoff et al 2014Stepakoff et al , 2015aStepakoff et al , 2015bCody et al 2014). Trauma psychologists have found potential for healing through truth-telling and the power of a "testimonial community" because the retelling of trauma may facilitate cathartic empowerment (Herman 1992;Laub 1992).…”

“…Truth-telling via truth commissions may bring emotional relief in post-conflict societies (Gibson 2006;Brounéus 2010), but more formal war crimes tribunals may provide greater fulfillment for survivors because the trials may better address victims' needs and may be more effective for achieving justice (Mendeloff 2009; Barria and Roper 2005). Indeed, different studies echo this latter proposition at the ICC (Cody et al 2014) and the Special Court for Sierra Leone (Horn, Charters, and Vahidy 2009b, Stepakoff et al 2014, 2015b. Witness motivation is most commonly related to being able to tell their story, to contribute to justice, to rebuild the post-conflict society, to find out what happened to loved ones, to tell the truth about the historical record and the crimes committed, and to prevent others from being harmed (Stepakoff et al 2014;Stover 2005).…”

“…The first proposition above-that we should distinguish between whether the witness is evaluating their personal experience or the institution itself-is critical. Assessments about transitional justice turn on personal appraisals and motivations as well as larger issues regarding whether the institution has contributed to truth, justice, and reconciliation (Stepakoff et al 2014(Stepakoff et al , 2015a(Stepakoff et al , 2015bCody et al 2014;Clark 2014;Stover 2005). These differences between the personal versus institutional are mirrored in findings across different types of mechanisms and diverse violent conflicts (David 2017) with two patterns emerging-(1) most studies use the constructs of positive or negative to ask about participant perceptions regarding the transitional justice mechanism and (2) those who testify are markedly more positive about their personal interactions as compared to whether they believe the institution has performed well (Doak 2011a;Brounéus 2010;Hamber 2009;Hayner 2010;Stover 2005;Stepakoff et al 2014Stepakoff et al , 2015aDoak 2011aDoak , 2011bMendeloff 2009;Clark 2014;Subotić 2009;Hayden 2011;Orentlicher 2008Orentlicher , 2010Herman 1992;Laub 1992).…”

“…Victims of trauma need additional support and counseling, and at the ICTY, those who testify are given the opportunity to be referred for therapy and referrals (Schoorl et al 2016). Having turned trauma into testimony and with the help of professional support, a witness may have a more positive view about the testifying because it is part of the recovery process (Stepakoff et al 2015b). Their willingness to seek assistance and support may indicate a greater potential for adaptive growth and appreciation of the potential benefits of testifying, such as closure and the ability to tell one's story.…”

“…It is a lengthy process, and the experience comes fraught with questioning by the prosecution and defence in a complex, multilingual environment (Elias-Bursać 2012). It is not surprising that some witnesses come away with feeling the experience has not been what was expected, while others feel a sense of personal satisfaction or closure (Stepakoff et al 2015b). Fair treatment has an impact on positive or negative affect, especially when it involves how witnesses were questioned by the prosecution and the defence (Stepakoff et al 2014(Stepakoff et al , 2015a(Stepakoff et al , 2015bCody et al 2014: Stover 2005.…”