War & Economic Crimes Court Eminent in Liberia…As House Signs Resolution

By: Jeremiah Sackie Cooper Gmail:jeremiahcooper105@gamil.com

Capitol Hill, Monrovia– The plenary of the House of Representatives today voted to endorse a resolution for the establishment of war and economic crimes court in Liberia.

The House unanimously took the decision on Monday, March 5, 2024 during its 16th regular session. Over 42 Representatives out of 73 Representatives voted to endorse the resolution.

Notable, Rep. Taa Wongbe, of Nimba County, a county noted to be the home of former warlord now senator Prince Johnson voted against the resolution, while Nimba County District #7 Representative Musa Bility abstain from the process.

Resolution for The Establishment of War and Economic Court:

The resolution signed by 42 out of the 73 representatives amplified the fight of bringing perpetrators of war crimes during the 14 years of bloody civil conflict in the country to face the full weight of the law. This will also aid in rendering justice to war victims, as well as exposed and prosecute economic criminals.

The resolution calls for the government’s support for the full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia.

It at the same time commits to working with President Joseph Nyumah Boakai for the Court’s establishment.

‘’Based on Section 48 of the TRC Act that provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations.”

“All recommendations shall be implemented, and “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause for such non-compliance,”
therefore this matter before us is overdue, and that the president should act effectively, immediately on said legislative enactment without seeking advice from the legislature because, the TRC is already and Act of enacted by the Legislature that is awaiting full implementation’’, it added.

The resolution also wants President Boakai commit to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission, as it could be crucial for the Establishment of War Crimes Court, while ensuring the availability and ownership of the country’s collective memory on the conflict.

According to the resolution, the Liberian Legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003.

The resolution also notes that the Liberian TRC submitted its final report to the National Legislature on December 19, 2009, recommending the establishment of an Extraordinary Criminal Court of Liberia, an international domestic court with authority to prosecute individuals accused of gross human rights violations, serious humanitarian laws violations, and certain domestic crimes.

14 Years Civil War in Liberia and the TRC

The Liberian civil war from 1989 to 2003 resulted in deaths and destroyed thousands of homes and infrastructure, including the displacement of nearly half the population, horrific abuses, including summary executions, massacres, rape, and other forms of sexual violence, mutilation and torture and forced conscription and use of child combatants.
On August 18, 2003, the Liberian Comprehensive Peace Agreement was signed with Article XIII of the Liberian Comprehensive Peace Agreement calling for the establishment of a Truth and Reconciliation Commission (TRC) to provide a forum that will address issues of impunity, as well as an opportunity for both victims and perpetrators of human rights violations to share their experiences in order to get a clear picture of the past to facilitate genuine healing and reconciliation.

In 2005, the Liberian legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT), formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003.
The Liberian TRC submitted its final report to the National Legislature on December 19, 2009, recommending the establishment of an Extraordinary Criminal Court of Liberia, an international domestic court with authority to prosecute individuals accused of gross human rights violations, serious humanitarian laws violations, and certain domestic crimes.

The Role of America

America continues to play a major role in ensuring that there is war and economic crimes court established in Liberia. On Monday, Dr. Beth Van Schaack, the United States Ambassador-at-Large for Global Criminal Justice, who arrived in Liberia on Sunday evening, met with the Speaker of the House of Representatives and sponsors of the war crimes bill to receive updates on the bill’s status. She is also scheduled to meet with the Liberian Senate later this week.

Amb. Schaacks advises the Secretary of State and other Department leadership on issues related to the prevention of and response to atrocity crimes, including war crimes, crimes against humanity, and genocide.
In 2022, Amb. Schaack expressed the United States government’s willingness to provide Liberia with all the needed support when she said, “The Liberian government has to be accountable to its people. The US government is willing to support through technical and financial means to establish a tribunal.” She made the statement while visiting Liberia in October that year.

Schaack highlighted the significant role of the US government in promoting accountability in West Africa, particularly evident in the pivotal trial of former Liberian President Charles Taylor by the Sierra Leone Special Court.

She underscored that the Lutheran massacre, attributed to government forces rather than rebel factions, exemplifies the necessity of holding government leaders accountable. Schaack emphasized the preference for localized hybrid courts over international tribunals like those in The Hague, ensuring justice remains accessible without the need for trials in foreign countries.

Meanwhile, the signed and endorsed resolution has been forwarded to the Liberian senate for concurrence.