Liberia: War Crimes Court Momentum Swells

The momentum for the establishment of the War and Economic Crimes Court (WECC) in Liberia is gaining significant traction as the House of Representatives voted unanimously to endorse a Resolution for its establishment.

A majority of members (49) of the House of Representatives on Tuesday, March 5, during the 16th day sitting, affixed their signatures to the instrument—signaling a milestone that at long last, perpetrators of heinous crimes and plunderers of the Liberian state are at the verge of being held to account for their actions.

The House’s decision is unprecedented as it marks the first time since the Civil War that such action has been taken by the Legislature.

Proponents have long advocated for justice through the establishment of a court to address wartime atrocities.

Despite past delays and diverging proposals, the renewed push for accountability highlights a growing consensus among various stakeholders in Liberia.

The US Government, through the State Department, has been pushing for the establishment of the court, negotiating with national stakeholders for the realization of this effort. Two days ago, a visiting US delegation led by Ambassador-at-Large, Beth Van Schaach, and a team from the Global Criminal Justice (J/GCJ) had an exhaustive but private meeting with the Speaker of the House of Representatives, J. Fonati Koffa, and some members of the House’s leadership on Capitol Hill.

The meeting led to a reintroduction of a resolution to establish the WECC. The majority of members of the House have reaffirmed support and called on President Joseph Nyuma Boakai to work with the United Nations, international partners, institutions, and civil society organizations for assistance in establishing the “Extraordinary Criminal Court” in Liberia.

The Lawmakers noted that the establishment of the court should be done in a manner that allows the trial of international crimes in accordance with international standards and best practices. 

The House, “recognizing that economic crimes are the progenitor of war crimes, call[s] for legislative action to establish an Economic Crimes Court for the swift and speedy trial of corruption and economic crimes. Attested Members of the House of Representatives hereby affix their signatures,” the Resolution stated.

“NOW THEREFORE, it is resolved by the House of Representatives of the Republic of Liberia in Legislature assembled: Expresses its support for full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia, and commits to working with President Boakai for the Court’s establishment. Section 48 of the TRC Act provides that ‘The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and quarterly thereafter as to the implementation of the Commission’s recommendations,” the House’s resolution said.

“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 the President should act effectively, immediately on said legislative enactment without seeking advice from the legislature because the TRC is already an Act of law enacted by the Legislature that is awaiting full implementation.”

The establishment of a WECC is a recommendation contained in the final report of the Truth and Reconciliation Commission, which was established to investigate the root causes of the nearly three decades of civil crises.

The Act creating the TRC gave wide powers to the commission, including recommending prosecution. The TRC in its final report recommended the creation of an extraordinary criminal court, which would be a hybrid court composed of Liberian and international judges, prosecutors, and other staff with a mandate to try those allegedly responsible for committing serious crimes.

However, for the next decade, the TRC recommendation languished. But during the time of former President George M. Weah’s election, there were renewed hopes to advance calls for a war crimes court to deliver justice for civil war crimes.

Weah had expressed support for accountability, including backing a war crimes court prior to becoming President, while he was serving as a UNICEF Goodwill Ambassador. His political party, Congress for Democratic Change, had long backed a court.

With President Weah’s election in December 2017, Liberian and international activists began a new campaign for action by the government to establish a war crimes court. Weah was initially silent on the question of accountability.

Pressure increased as the activists’ campaign was joined by widespread support and clamoring for the court by a diverse set of players in Liberia, including political parties, religious leaders, lawyers, victims, and ordinary Liberians. The Liberian National Bar Association prepared a draft bill for the establishment of a war crimes court.

In September 2019, hopes were raised when President Weah requested that Liberia’s National Legislature “advise and provide guidance on all legislative and other necessary measures towards the implementation of the TRC report, including the establishment of war and economic crimes courts.” During his 2019 speech at the General Debate of the UN General Assembly (UNGA), President Weah stated “Considering the importance of this matter, I have already begun consultations… to determine pertinent issues such as legal framework, timing, venue, and funding, among others.” More than 50 legislators in the lower house of Liberia’s National Legislature, the House of Representatives, also endorsed a resolution backing a court.

These actions turned out to be a high-water mark. There has been no progress toward the creation of a war crimes court since. Weah told the Liberian media upon his return from the UNGA: “I have not one day called for a war crimes court.” He subsequently has been silent or dismissive of the court, while the leadership of the Liberian Legislature at the time blocked the resolution supporting a court from consideration.

In 2019, 56 lawmakers from the House of Representatives signed a resolution for the creation of a War and Economic Crimes Court. The Former Representative of Montserrado County District #4 Representative Rustonlyn Suacoco Dennis was the lead sponsor, while then Representative Koffa, who was then the Chairman of the House Judiciary Committee and 13 others were co-sponsors. 

The Resolution of the WECC was never placed on the House’s agenda for legislative actions.

Two years later, in 2021, Senator Prince Y. Johnson and other Senators proposed the creation of a Transitional Justice Commission, which would essentially impede progress on accountability by revisiting the basic premise of Liberia’s TRC to recommend prosecutions. The Transitional Justice Commission, however, did not receive the Senate Plenary’s action.

The recent discussions with international partners signal a renewed commitment to establishing the court and addressing both war crimes and economic offenses.

The resolution passed by the House underscores the importance of implementing the Truth and Reconciliation Commission’s recommendations, urging swift action towards the establishment of the Extraordinary Criminal Court in Liberia. The call for accountability and justice is seen as a crucial step towards healing and reconciliation in the country.