Practice Relating to Rule 158. Prosecution of War Crimes
Section B. Granting of asylum to suspected war criminals
Sierra Leone’s Refugees Protection Act (2007) states:
2. Meaning of “refugee”.
(1) Subject to this section, a person is a refugee for the purposes of this Act, if –
(a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, he is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or
(b) not having a nationality and being outside the country of his former habitual residence, he is unable or, owing to a well-founded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion, is unwilling to return to it; or
(c) owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, he is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality; or
(d) he has been considered a refugee under the Arrangements of the 12th May, 1926 and the 30th June, 1928, or under the Conventions of the 28th October, 1933 and the 10th February, 1938, the Protocol of the 14th September, 1939 or the Constitution of the International Refugee Organization; or
(e) he is a member of a class of persons declared under subsection (2) to be refugees.
(4) A person shall cease to be a refugee for the purposes of this Act if –
(a) he has committed a crime against peace, a war crime or a crime against humanity, as defined in any international instrument to which Sierra Leone is a party and which has been drawn up to make provision in respect of such crimes.