United Nations Security Council Resolution 1688

In the preamble of the resolution, the Council recalled the establishment of the Special Court by Resolution 1315 (2000) and that it may meet away from its seat if necessary. Furthermore, the Council expressed its will to end impunity, establish the rule of law, promote human rights and maintain international peace and security.[3] It also appreciated that Liberian President Ellen Johnson-Sirleaf and Nigerian President Olusegun Obasanjo had requested and facilitated the transfer of Charles Taylor to the Special Court, respectively.

Meanwhile, the Security Council recognised that proceedings at the Special Court would contribute to truth and reconciliation in Liberia and the subregion, and the rule of law in Sierra Leone. It noted that the trial could not take place in the Sierra Leonean capital of Freetown due to security concerns, nor at the International Criminal Tribunal for Rwanda as it was engaged with other tasks, and that no other tribunal existed in Africa.[4] The resolution determined that the continued presence of Charles Taylor in West Africa constituted a threat to peace and security in the region.[5]

Under Chapter VII of the United Nations Charter, the Council noted that a trial chamber would be established in the Netherlands to exercise its functions away from the seat of the Special Court. It welcomed the Dutch government's decision to host the trial and the International Criminal Court's intention to use its premises to detain and try Charles Taylor. In this context, co-operation from all states was required and for the Secretary-General Kofi Annan to assist in the arrangements.[6]

Meanwhile, the Special Court was requested to make the proceedings accessible publicly through video link, as it was given exclusive jurisdiction over Charles Taylor during the detention and trial process. The Dutch government was to facilitate the trial by:[7]

(a) allowing the detention and trial of Charles Taylor;

(b) facilitating the transport of Charles Taylor while in the Netherlands;

(c) enabling the appearance of witnesses, experts and others at the trial in the same way as at the International Criminal Tribunal for the former Yugoslavia.

The resolution exempted Charles Taylor from the provisions of Resolution 1521 (2003) for the purposes of travel within the Netherlands, and noted that costs were to be borne by the Special Court that was funded via contributions from states.